LIBRARY 
OF  THE 

UNIVERSITY  OF  ILLINOIS 

DAIRY  AND  FOOD  LAWS 


OP  THU 


STATE  OF  MISSOURI 


JUNE,  1907. 


Compiled  by 

R.  M.  WASHBURN,  Commissioner 
Columbia,  Mo. 


THE  HUGH  STEPHENS  PRINTING  COMPANY. 
JEFFERSON  CITY.  MO. 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/dairyfoodlawsofs00miss_0 


17J*13  Ho.h'st , 


LIBRARY 
OF  THE 

UNIVERSITY  OF  iLIJNOIS 


DAIRY  AND  FOOD  LAWS. 


LS.  B.  47.] 


CRIMES  AND  PUNISHMENTS:  Adulteration  of  Foods  and 

Drugs. 


AN  ACT  to  prohibit  the  manufacture  and  sale  of  foods,  drugs,  medicines,  beverages 
and  liquors,  as  defined  in  this  act,  which  are  adulterated  or  misbranded  within 
the  meaning  of  this  act;  and  prescribing  penalties  for  violations  thereof. 


SECTION 


SECTION 

1.  Prohibiting  sale  of  adulterated  foods 


8.  Statement  of  ingredients  on  label. 

9.  False  label  deemed  misbrand. 

10.  Removing  or  altering  label. 

11.  Sample  for  analysis,  when  furnished. 

12.  Dealer,  not  to  be  prosecuted,  when. 

13.  Act,  how  construed. 

14.  Penalty. 

15.  Repealing  other  acts. 


or  drugs. 

2.  Term  “drug”  defined. 

3.  When  drug  deemed  adulterated. 

4.  When  food  deemed  adulterated. 

5.  Term  “misbranded”  defined. 

6.  When  drug  deemed  misbranded. 

7.  When  food  deemed  misbranded. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri ,  as 


follows 


Section  1.  No  person  or  persons,  firm  or  association  of  per¬ 
sons,  company  or  corporation  shall,  within  this  state,  manufacture, 
Lj  produce,  sell,  offer  or  expose  for  sale,  or  have  in  his,  their  or  its 
possession,  with  intent  to  sell,  any  article  of  food  or  drug  which 
is  adulterated  or  misbranded  within  the  meaning  of  this  act,  or 
cause  or  procure  the  same  to  be  done  by  others. 

Sec.  2.  The  term  “drug,”  as  used  in  this  act,  shall  include  all 
medicines  and  preparations  recognized  in  the  United  States  Phar¬ 
macopoeia  or  National  Formulary  for  internal  or  external  use,  and 
any  substance  or  mixture  of  substances  intended  to  be  used  for  the 
cure,  mitigation  or  prevention  of  disease  in  man  or  animals.  The 
term  “food,”  as  used  in  this  act,  shall  include  all  articles  used  for 
food,  drink,  confectionery  or  condiment  by  man  or  animal,  whether 
simple,  mixed  or  compound. 

Sec.  3.  A  drug  shall  be  deemed  to  be  adulterated  within  the 
neaning  of  this  act:  1.  If,  when  sold  under  or  by  a  name  recog- 


37185 


4 


nized  in  the  latest  revised  edition  of  the  United  States  Phar¬ 
macopoeia  or  National  Formulary,  it  differs  from  the  standard  of 
strength,  quality  or  purity  prescribed  therein.  2.  If  its  strength, 
quality  or  purity  fall  below  the  professed  standard  under  which  it 
is  sold :  Provided,  that  no  drug  defined  in  the  United  States  Phar¬ 
macopoeia  or  National  Formulary  shall  be  deemed  to  be  adulterated 
under  this  provision  if  the  standard  of  strength,  quality  or  purity 
be  plainly  stated  upon  the  bottle,  box  or  other  container  thereof, 
although  the  standard  may  differ  from  that  determined  by  the 
test  laid  down  in  the  United  States  Pharmacopceia  or  National 
Formulary. 

Sec.  4.  Food  shall  be  deemed  to  be  adulterated :  1.  If  any 

substance  or  substances  have  been  mixed  with  it  so  as  to  lower  or 
depreciate  or  injuriously  affect  its  strength,  quality  or  purity.  2. 
If  any  substance  or  substances  have  been  substituted  wholly  or  in 
part  for  the  article.  3.  If  any  valuable  or  necessary  constituent 
or  ingredient  has  been  wholly  or  in  part  abstracted  from  it.  4. 
If  it  is  mixed,  colored,  coated,  polished,  powdered  or  stained  in  a 
manner  whereby  damage  or  inferiority  is  concealed ;  or  if,  by  any 
means,  it  is  made  to  appear  to  be  better  or  of  greater  value  than 
it  really  is.  5.  If  it  contain  any  added  substance  which  is  poison¬ 
ous  or  injurious  to  health :  Provided,  that  when  in  the  preparation 
of  food  products  for  shipment  they  are  preserved  by  any  external 
application,  applied  in  such  a  manner  that  the  preservative  is  neces¬ 
sarily  removed  mechanically  or  by  maceration  in  water  or  other¬ 
wise,  and  directions  for  the  removal  of  said  preservative  shall  be 
printed  on  the  covering  of  the  package,  the  provisions  of  this  act 
shall  be  construed  as  applying  only  when  said  products  are  ready 
for  consumption.  6.  If  it  consist  wholly,  or  in  part,  of  a  deceased, 
filthy,  decomposed,  putrid,  infected,  tainted  or  rotten  animal  or 
vegetable  substance,  or  any  part  or  portion  of  an  animal  diseased 
or  otherwise  unfit  for  food,  whether  manufactured  or  not,  or  if 
it  is  the  product  of  a  diseased  animal,  or  of  an  animal  that  has 
died  otherwise  than  by  slaughter,  and  in  case  of  meats,  oysters  or 
fish,  sold  or  offered  for  sale  in  the  fresh  state,  if  such  meats,  oysters 
or  fish  shall  have  been  inoculated,  dusted,  powdered,  sprayed, 
rubbed,  annointed,  washed,  sprinkled,  fumigated,  or  in  any  other 
manner  treated  with  any  of  the  substances  declared  deleterious 
or  dangerous  by  this  act,  or  any  antiseptic  or  chemical  preservative 
or  dye  stuff  whatsoever,  whose  use  and  apparent  purpose  is  to 
mask  decomposition,  or  to  give  to  the  meat,  oysters  or  fish  a  false 
appearance  of  freshness  or  quality.  And  in  the  case  of  dairy  pro- 


5 


ducts,  if  any  such  product  be  drawn  or  produced  from  cows  fed  on 
unhealthy  or  unwholesome  food,  or  on  waste,  slops,  refuse,  leavings 
or  residue  of  any  nature  or  kind  from  distilleries,  breweries  or 
vinegar  factories,  or  on  food  in  a  state  of  putrefaction,  or  from 
cows  diseased  in  any  way.  7.  If  it  contains  methyl  or  wood 
alcohol  in  any  of  its  forms.  8.  If  it  be  an  imitation  or  sold  as 
or  for  another  article.  9.  If,  in  the  case  of  confectionery,  it  con¬ 
tains  terra  alba,  barytes,  arsenic,  talc,  chrome  yellow  or  other  min¬ 
eral  substances,  a  poisonous  color  or  flavor,  or  other  ingredients 
deleterious  or  detrimental  to  health,  or  vinous,  malt  or  spirituous 
liquor  or  narcotic  drug;  or  10.  If  it  does  not  conform  to  the  stand¬ 
ard  of  strength,  quality  and  purity  now  or  hereafter  to  be  estab¬ 
lished  by  the  United  States  department  of  agriculture. 

Sec.  5.  The  term  “misbranded,”  as  used  in  this  act,  shall  ap¬ 
ply  to  all  drugs  and  articles  of  food,  or  articles  which  enter  into  the 
composition  of  drugs  or  food,  the  package  or  label  of  which  shall 
bear  any  statement,  design  or  device  regarding  such  article  or  the 
ingredients  or  substances  contained  therein  which  shall  be  false 
or  misleading  in  any  particular,  and  to  any  food  or  drug  product 
which  is  falsely  branded  as  to  state,  territory  or  country,  in  which 
it  is  made,  manufactured,  produced  or  grown,  or  as  to  the  person, 
firm  or  corporation  by  whom  it  is  made,  manufactured,  produced 
or  grown. 

Sec.  6.  In  the  case  of  drugs  an  article  shall  also  be  deemed 
to  be  misbranded :  1.  If  it  be  an  imitation  of,  or  offered  for  sale 

under  the  name  of,  another  article.  2.  If  the  contents  of  the 
package,  as  originally  put  up,  shall  have  been  removed  in  whole, 
or  in  part,  and  other  contents  shall  have  been  placed  in  such 
package.  3.  If  the  package  fail  to  bear  a  statement  on  the  label 
of  the  quantity  or  proportion  of  any  alcohol,  morphine,  opium 
heroin,  cocaine,  eucaine  (alpha  or  beta),  chloroform,  cannabis 
indica,  chloral  hydrate,  acetanilid,  or  any  derivative  or  prepara¬ 
tion  of  any  such  substance  contained  therein :  Provided,  that  sub¬ 
division  3  of  this  section  shall  not  apply  to  any  drug  prepared  or 
sold  on  the  prescription  of  a  duly  licensed  physician,  or  prepared 
by  a  duly  licensed  pharmacist  for  immediate  sale  upon  an  order 
therefor. 

Sec.  7.  In  the  case  of  food,  as  herein  defined,  an  article  shall 
also  be  deemed  to  be  misbranded:  1.  If  it  is  an  imitation  of,  or 
is  offered  for  sale  under  the  distinctive  name  of  another  article. 
2.  If  it  be  labeled  or  branded,  tagged,  stenciled  or  marked  so  as 
to  deceive  the  purchaser,  or  purport  to  be  a  foreign  product  when 


6 


not  so.  3.  If  the  contents  of  the  package,  as  originally  put  up, 
shall  have  been  removed  in  whole,  or  in  part,  and  other  contents 
shall  have  been  placed  in  such  package.  4.  If  it  fail  to  bear  a 
statement  on  the  label  of  the  quantity  or  proportion  of  any 
morphine,  opium,  heroin,  cocaine,  eucaine  (alpha  or  beta),  chloro¬ 
form,  cannabis  indica,  chloral  hydrate,  acetanilid,  or  any  deriv¬ 
ative  or  preparation  of  any  such  substances  contained  therein.  5. 
If,  in  package  form,  and  the  contents  are  stated  in  terms  of  weight 
and  measure,  they  are  not  plainly  and  correctly  stated  on  the  out¬ 
side  of  the  package.  6.  If  the  package  containing  it,  or  its  label, 
shall  bear  any  statement,  design  or  device  regarding  the  ingredi¬ 
ents  or  the  substances  contained  therein,  which  statement,  device 
or  design  shall  be  false  or  misleading  in  any  particular :  Provided, 
that  an  article  of  food  which  does  not  contain  any  added  poisonous 
or  deleterious  ingredients  shall  not  be  deemed  misbranded  in  the 
following  cases,  viz.:  (1)  In  the  case  of  mixtures  or  compounds 
which  may  now,  or  from  time  to  time  hereafter,  be  known  as 
articles  of  food  under  their  own  distinctive  names  and  not  an  im¬ 
itation  of  or  offered  for  sale  under  the  distinctive  name  of  another 
article,  if  the  name  be  accompanied  on  the  same  label  or  brand  with 
a  statement  of  the  factory  or  place  where  said  article  has  been 
manufactured  or  produced;  (2)  in  the  case  of  articles  labeled, 
branded,  stenciled  or  tagged  so  as  to  plainly  indicate  that  they  are 
mixtures,  compounds,  imitations  or  blends,  and  the  word  ‘‘mixture 
“compound,”  “imitation,”  or  “blend,”  as  the  case  may  be,  is  plainly 
stated  on  the  package  or  container  in  which  they  are  offered  for 
sale:  Provided,  that  the  term  “blend”  as  used  herein  shall  be 
construed  to  be  a  mixture  of  like  substances ;  not  excluding  harm¬ 
less  coloring  and  flavoring  ingredients  used  for  the  purpose  of 
coloring  and  flavoring  only,  and,  provided  further,  that  nothing  in 
this  act  shall  be  construed  as  requiring  or  compelling  manufact¬ 
urers  of  proprietary  foods,  which  contain  no  unwholesome  ingred¬ 
ient,  or  substance  added  to  increase  the  bulk  or  weight  of  the  fin¬ 
ished  product,  to  disclose  their  trade  formulas,  except  in  so  far  as 
the  provisions  of  this  act  may  require,  to  secure  freedom  from 
adulteration  or  misbranding. 

Sec.  8.  If  a  statement  of  any  of  the  ingredients  of  an  article 
of  food  or  drink,  or  of  an  article  entering  into  food  or  drink,  is 
required  by  law  to  be  stated  upon  the  label  or  package  of  such 
article,  or  is  stated  upon  the  label  of  such  article,  whether  required 
by  law  or  not,  such  statement  and  the  name  and  address  of  the 
manufacturer  or  vendor  of  the  article  shall  be  distinctly  and  con- 
gte; ........ 


7 


spicuously  printed  on  the  label  or  package  in  straight  parallel  lines 
of  plain,  uncondensed  legible  type,  well  spaced,  on  a  plain  ground. 
The  statement  of  ingredients  shall  be  clearly  separated  from  and 
not  interspaced  or  confused  with  other  matter,  shall  specify  each 
and  every  ingredient  by  its  ordinary  name  and  shall  be  in  the 
English  language.  The  letters  of  said  type  shall  be  as  large  as 
any  printed  matter  on  the  label  or  package  (except  the  name  of  the 
compound,  or  chief  article  named  therein  which  may  be  in  larger 
type),  and  shall  not  be  smaller  than  8-point  Gothic  caps:  Pro¬ 
vided,  that  in  case  the  size  of  the  package  does  not  allow  the  use  of 
type  of  such  size,  then  the  size  may,  with  the  approval  of  the  dairy 
and  food  commissioner,  be  proportionately  reduced.  The  required 
label  shall  be  firmly  attached  to  or  printed  on  the  exterior  of  the 
package  or  envelope  of  the  said  article,  on  the  top  or  side  thereof, 
and  in  plain  sight;  but  the  dairy  and  food  commissioner  may,  in 
writing,  approve  specific  labels  not  strictly  in  accordance  with  the 
above  provisions  if  it  is  his  opinion  that  the  information  is  set  forth 
thereon  clearly  enough  for  the  reasonable  protection  of  the  pur¬ 
chaser. 

Sec.  9.  Drugs  or  foods  labeled  in  violation  of  the  provisions 
of  sections  5,  6,  7  and  8  shall  be  deemed  to  be  misbranded  within 
the  meaning  of  this  act. 

Sec.  10.  No  person,  firm,  association  of  persons  or  corpora¬ 
tion  shall  deface,  erase  or  remove  any  label  or  mark  provided  for  in 
this  act  with  intent  to  mislead,  deceive,  or  violate  any  of  the  pro¬ 
visions  of  this  act,  nor  cause  the  same  to  be  done  by  others. 

Sec.  11.  Every  person,  firm,  association  of  persons  or  cor 
poration  manufacturing,  offering  or  exposing  for  sale,  or  deliver¬ 
ing  to  a  purchaser,  any  drug  or  article  of  food  included  in  the 
provisions  of  this  act,  upon  application  of  any  person  or  an  in¬ 
spector,  analyst  or  other  officer  or  agent  of  the  state,  and  tender 
to  such  person,  firm,  association  or  corporation  of  the  value  thereof, 
shall  furnish  a  sample  for  analysis  of  any  such  drug  or  article  of 
food  which  is  so  in  his  or  their  possession. 

Sec.  12.  No  dealer  shall  be  prosecuted  under  the  provisions 
of  this  act  when  he  can  establish  a  guaranty,  as  provided  for  in  the 
national  food  and  drug  act  approved  June  30,  1906,  or  a  guaranty, 
signed  by  the  wholesaler,  jobber,  manufacturer  or  other  party,  re¬ 
siding  in  the  state  of  Missouri,  or  who  shall  have  filed  in  the  office 
of  the  dairy  and  food  commissioner  a  designation  of  the  name  and 
residence  of  some  competent  person  being  and  continuing  a  resi¬ 
dent  of  this  state,  process  served  on  whom  shall  be  valid  and  [ac-] 


ceptable  as  personally  served  upon  such  party  in  any  suit  or  pro¬ 
ceeding  under  this  act,  from  whom  he  purchased  such  articles,  to 
the  effect  that  the  same  are  not  adulterated  or  misbranded  in  the 
original  unbroken  packages,  within  the  meaning  of  this  act.  Said 
guaranty,  to  afford  protection,  shall  contain  the  name  and  address 
of  the  party  or  parties  making  the  sale  of  such  articles  to  such 
dealer,  and  in  such  case  said  party  or  parties  shall  be  amenable  to 
the  prosecutions,  fines  and  other  penalties  which  would  attach,  in 
due  course,  to  the  dealer  under  the  provisions  of  this  act. 

Sec.  13.  When  construing  and  enforcing  the  provisions  of 
this  act,  the  act,  omission  or  failure  of  any  officer,  agent  or  other 
person  acting  for  or  employed  by  any  person,  corporation,  firm  or 
association,  within  the  scope  of  his  employment  or  office,  shall,  in 
every  case,  be  deemed  to  also  be  the  act,  omission  or  failure  of  such 
employer. 

Sec.  14.  Any  person,  firm,  association  or  corporation  who 
shall,  within  this  state,  manufacture  or  produce,  offer  or  expose  for 
sale,  or  shall  sell  or  deliver,  or  have  in  his  or  their  possession  with 
intent  to  sell,  any  drug  or  food,  as  defined  in  this  act,  which  is  adult¬ 
erated  or  misbranded  within  the  meaning  of  this  act,  or  who  shall 
fail  or  refuse,  upon  the  application  of  a  proper  person,  and  the 
tender  to  him  of  the  value  thereof,  to  deliver  to  such  person  a 
sample,  sufficient  for  analysis,  of  any  drug  or  article  of  food  in  his 
or  their  possession,  as  required  by  this  act,  or  who  shall  violate 
any  of  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  be  punished  for  every  such  of¬ 
fense  by  a  fine  not  less  than  ten  dollars  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  to  ex¬ 
ceed  six  months,  or  both  such  fine  and  imprisonment,  and  shall, 
in  addition,  be  adjudged  to  pay  all  costs  and  expenses  incurred  in 
inspecting  and  analyzing  such  food  or  drug.  All  fines  recovered 
under  the  provisions  of  this  act  shall  be  paid  to  the  state  treasurer. 

Sec.  15.  All  acts  and  parts  of  acts  inconsistent  with  this  act 
are  hereby  repealed. 

Approved  March  15,  1907. 


9 


(The  following  are  the  standards  of  purity  for  food  products,  established  by 
the  United  States  Department  of  Agriculture  to  which  reference  is  made  in  sub¬ 
division  10  of  section  4  of  senate  bill  47.) 

PRINCIPALS  ON  WHICH  THE  STANDARDS  ARE  BASED. 

The  general  considerations  which  have  guided  the  committee 
in  preparing  the  standards  for  food  products  are  the  following: 

1.  The  standards  are  expressed  in  the  form  of  definitions, 

with  or  without  accompanying  specifications  of  limit  in  compo¬ 
sition.  / 

2.  The  main  classes  of  food  articles  are  defined  before  the 
subordinate  classes  are  considered. 

3.  The  definitions  are  so  framed  as  to  exclude  from  the 
articles  defined  substances  not  included  in  the  definitions. 

4.  The  definitions  include,  where  possible,  those  qualities 
which  make  the  articles  described  wholesome  for  human  food. 

5.  A  term  defined  in  any  of  the  several  schedules  has  the 
same  meaning  wherever  else  it  is  used  in  this  report. 

6.  The  names  of  food  products  herein  defined  usually  agree 
with  existing  American  trade  or  manufacturing  usage;  but  where 
such  usage  is  not  clearly  established  or  where  trade  names  confuse 
two  or  more  articles  for  which  specific  designations  are  desir¬ 
able,  preference  is  given  to  one  of  the  several  trade  names  ap¬ 
plied. 

7.  Standards  are  based  upon  data  representing  materials 
produced  under  American  conditions  and  manufactured  by  Ameri¬ 
can  processes  or  representing  such  varieties  of  foreign  articles 
as  are  chiefly  imported  for  American  use. 

8.  The  standards  fixed  are  such  that  a  departure  of  the 
articles  to  which  they  apply,  above  the  maximum  or  below  the 
minimum  limit  prescribed,  is  evidence  that  such  articles  are  of 
inferior  or  abnormal  quality. 

9.  The  limits  fixed  as  standard  are  not  necessarily  the  ex¬ 
tremes  authentically  recorded  for  the  article  in  question,  because 
such  extremes  are  commonly  due  to  abnormal  conditions  of  pro¬ 
duction  and  are  usually  accompanied  by  marks  of  inferiority  or 
abnormality  readily  perceived  by  the  producer  or  manufacturer. 


10 


FOOD  STANDARDS. 

I.  ANIMAL  PRODUCTS. 

A.  Meats  and  the  Principal  Meat  Products. 
a.  meats. 

1.  Meat,  flesh,  is  any  clean,  sound,  dressed,  and  properly 
prepared  edible  part  of  animals  in  good  health  at  the  time  of 
slaughter,  and  if  it  bears  a  name  descriptive  of  its  kind,  compo¬ 
sition,  or  origin,  it  corresponds  thereto.  The  term  “animals,”  as 
herein  used,  includes  not  only  mammals,  but  fish,  fowl,  crustaceans, 
mollusks,  and  all  other  animals  used  as  food. 

2.  Fresh  meat  is  meat  from  animals  recently  slaughtered 
and  properly  cooled  until  delivered  to  the  consumer. 

3.  Cold  storage  meat  is  meat  from  animals  recently  slaugh¬ 
tered  and  preserved  by  refrigeration  until  delivered  to  the  con¬ 
sumer.  a 

4.  Salted,  pickled  and  smoked  meats  are  unmixed  meats  pre¬ 
served  by  salt,  sugar,  vinegar,  spices  or  smoke,  singly  or  in  com¬ 
bination,  whether  in  bulk  or  in  suitable  containers.  b 

b.  MANUFACTURED  MEATS. 

1.  Manufactured  meats  are  meats  not  included  in  para¬ 
graphs  2,  3  and  4,  whether  simple  or  mixed,  whole  or  comminuted, 
in  bulk  or  in  suitable  containers,  b  with  or  without  the  addition 
of  salt,  sugar,  vinegar,  spices,  smoke,  oils  or  rendered  fat.  If  they 
bear  names  descriptive  of  kind,  composition  or  origin,  they  cor¬ 
respond  thereto,  and  when  bearing  such  descriptive  names,  if 
*  force  or  flavoring  meats  are  used,  the  kind  and  quantity  thereof 
are  made  known. 

a  The  establishment  of  proper  periods  of  time  for  cold  storage  is  reserved  for 
future  consideration  when  the  investigations  on  this  subject,  authorized  by  Congress, 
are  completed. 

&  Suitable  containers  for  keeping  moist  food  products  such  as  sirups,  honey,  con¬ 
densed  milk,  soups,  meat  extracts,  meats,  manufactured  meats,  and  undried  fruits 
and  vegetables,  and  wrappers  in  contact  with  food  products,  contain  on  their  surfaces, 
in  contact  with  the  food  product,  no  lead,  antimony,  arsenic,  zinc  or  copper  or  any 
compounds  thereof  or  any  other  poisonous  or  injurious  substance.  If  the  containers 
are  made  of  tin  plate  they  are  outside-soldered  and  the  plate  in  no  place  contains 
less  than  one  hundred  and  thirteen  (113)  milligrams  of  tin  on  a  piece  five  (5)  centi¬ 
meters  square  or  one  and  eight-tenths  (1.8)  grains  on  a  piece  two  (2)  inches  square. 

The  inner  coating  of  the  containers  is  free  from  pin  holes,  blisters,  and  cracks. 

If  the  tin  plate  is  lacquered,  the  lacquer  completely  covers  the  tinned  surface 
within  the  container  and  yields  to  the  contents  of  the  container  no  lead,  antimony, 
arsenic,  zinc  or  copper  or  any  compounds  thereof,  or  any  other  poisonous  or  injurious 
substance. 


11 


C.  MEAT  EXTRACTS,  MEAT  PEPTONES,  ETC. 

(Schedule  in  preparation.) 

d.  LARD. 

1.  Lard  is  the  rendered  fresh  fat  from  hogs  in  good  health 
at  the  time  of  slaughter,  is  clean,  free  from  rancidity,  and  con¬ 
tains,  necessarily  incorporated  in  the  process  of  rendering,  not 
more  than  one  (1)  per  cent  of  substances,  other  than  fatty  acids 
and  fat. 

2.  Leaf  lard  is  lard  rendered  at  moderately  high  tempera¬ 
tures  from  the  internal  fat  of  the  abdomen  of  the  hog,  excluding 
that  adherent  to  the  intestines,  and  has  an  iodin  number  not  greater 
than  sixty  (60). 

3.  Neutral  lard  is  lard  rendered  at  low  temperatures. 

B.  Milk  and  Its  Products, 
a.  MILKS. 

1.  Milk  is  the  fresh,  clean,  lacteal  secretion  obtained  by  the 
complete  milking  of  one  or  more  healthy  cows,  properly  fed  and 
kept,  excluding  that  obtained  within  fifteen  days  before  and  ten 
days  after  calving,  and  contains  not  less  than  eight  and  one-half 
(8.5)  per  cent,  of  solids  not  fat,  and  not  less  than  three  and  one- 
quarter  (3.25)  per  cent  of  milk  fat. 

2.  Blended  milk  is  milk  modified  in  its  composition  so  as  to 
have  a  definite  and  stated  percentage  of  one  or  more  of  its  con¬ 
stituents. 

3.  Skim  milk  is  milk  from  which  a  part  or  all  of  the  cream 
has  been  removed  and  contains  not  less  than  nine  and  one-quarter 
(9.25)  per  cent,  of  milk  solids. 

4.  Pasteurized  milk  is  milk  that  has  been  heated  below  the 
boiling  but  sufficiently  to  kill  most  of  the  active  organisms  present 
and  immediately  cooled  to  50°  Fahr.  or  lower. 

5.  Sterilized  milk  is  milk  that  has  been  heated  at  the  tem¬ 
perature  of  boiling  water  or  higher  for  a  length  of  time  sufficient 
to  kill  all  organisms  present. 

6.  Condensed  milk ,  evaporated  milk ,  is  milk  from  which  a 
considerable  portion  of  water  has  been  evaporated  and  contains 
not  less  than  twenty-eight  (28)  per  cent  of  milk  solids,  of  which 
not  less  than  twenty-seven  and  five-tenths  (27.5)  per  cent  is  milk 
fat. 


12 


7.  Sweetened  condensed  milk  is  milk  from  which  a  consider¬ 
able  portion  of  water  has  been  evaporated  and  to  which  sugar 
(sucrose)  has  been  added,  and  contains  not  less  than  twenty-eight 
(28)  per  cent  of  milk  solids,  of  which  not  less  than  twenty-seven 
and  five-tenths  (27.5)  per  cent,  is  milk  fat. 

8.  Condensed  skim  milk  is  skim  milk  from  which  a  consider¬ 
able  portion  of  water  has  been  evaporated. 

9.  Buttermilk  is  the  product  that  remains  when  butter  is  re¬ 
moved  from  milk  or  cream  in  the  process  of  churning. 

10.  Goat's  milk,  ewe's  milk,  et  cetera,  are  the  fresh,  clean, 
lacteal  secretions,  free  from  colostrum,  obtained  by  the  complete 
milking  of  healthy  animals  other  than  cows,  properly  fed  and  kept, 
and  conform  in  name  to  the  species  of  animal  from  which  they 
are  obtained. 


b.  CREAM. 

2.  Cream  is  that  portion  of  milk,  rich  in  milk  fat,  which 
rises  to  the  surface  of  milk  on  standing,  or  is  separated  from  it 
by  centrifugal  force,  is  fresh  and  clean  and  contains  not  less  than 
(18)  per  cent  of  milk  fat. 

2.  Evaporated  cream,  clotted  cream ,  is  cream  from  which  a 
considerable  portion  of  water  has  been  evaporated. 

C.  MILK  FAT  OR  BUTTER  FAT. 

1.  Milk  fat,  butter  fat,  is  the  fat  of  milk  and  has  a  Reichert- 
Meissl  number  not  less  than  twenty-four  (24)  and  a  specific  grav¬ 
ity  of  not  less  than  0.905  ijjlg- 

d.  BUTTTER. 

1.  Butter  is  the  clean,  non-rancid  product  made  by  gathering 
in  any  manner  the  fat  of  fresh  or  ripened  milk  or  cream  into  a 
mass,  which  also  contains  a  small  portion  of  the  other  milk  con¬ 
stituents,  with  or  without  salt,  and  contains  not  less  than  eighty- 
two  and  five-tenths  (82.5)  per  cent  of  milk  fat.  By  acts  of  Con¬ 
gress,  approved  August  2,  1886,  and  May  9,  1902,  butter  may  also 
contain  added  coloring  matter. 

2.  Renovated  butter,  process  butter,  is  the  product  made  by 
melting  butter  and  reworking,  without  the  addition  or  use  of 
chemicals  or  any  substances  except  milk,  cream  or  salt,  and  con¬ 
tains  not  more  than  sixteen  (16)  per  cent  of  water,  and  at  least 
eighty-two  and  five-tenths  (82.5)  per  cent,  of  milk  fat. 


13 


e.  CHEESE. 

1.  Cheese  is  the  sound,  solid  and  ripened  product  made  from 
milk  or  cream  by  coagulating  the  casein  thereof  with  rennet  or 
tactic  acid,  with  or  without  the  addition  of  ripening  ferments 
and  seasoning,  and  contains,  in  the  water-free  substance,  not  less 
than  fifty  (50)  per  cent  of  milk  fat.  By  act  of  Congress,  ap¬ 
proved  June  6,  1896,  cheese  may  also  contain  added  coloring  mat¬ 
ter. 

2.  Skim  milk  cheese  is  the  sound,  solid  and  ripened  product, 
made  from  skim  milk  by  coagulating  the  casein  thereof  with  ren- 
rent  or  lactic  acid,  with  or  without  the  addition  of  ripening  fer¬ 
ments  and  seasoning. 

3.  Goafs  milk  cheese ,  ewe's  milk  cheese,  et  cetera,  are  the 
sound,  ripened  products  made  from  the  milks  of  the  animals  speci¬ 
fied,  by  coagulating  the  casein  thereof  with  rennet  or  lactic  acid, 
with  or  without  the  addition  of  ripening  ferments  and  seasoning. 

f.  ICE  CREAMS. 

1.  Ice  cream  is  a  frozen  product  made  from  cream  and  sugar, 
with  or  without  a  natural  flavoring,  and  contains  not  less  than 
fourteen  (14)  per  cent  of  milk  fat. 

2.  Fruit  ice  cream  is  a  frozen  product  made  from  cream, 
sugar  and  sound,  clean,  mature  fruits,  and  contains  not  less  than 
twelve  (12)  per  cent  of  milk  fat. 

3.  Nut  ice  cream  is  a  frozen  product  made  from  cream, 
sugar  and  sound,  nonrancid  nuts,  and  contains  not  less  than  twelve 
(12)  per  cent  of  milk  fat. 

g.  MISCELLANEOUS  MILK  PRODUCTS. 

1.  Whey  is  the  product  remaining  after  the  removal  of  fat 
and  casein  from  milk  in  the  process  of  cheese-making. 

2.  Kumiss  is  the  product  made  by  the  alcoholic  fermentation 
of  mare’s  or  cow’s  milk. 

II.  VEGETABLE  PRODUCTS. 

A.  Grain  Products. 

a.  GRAINS  AND  MEALS. 

1.  Grain  is  the  fully  matured,  clean,  sound,  air-dry  seed  of 
wheat,  maize,  rice,  oats,  rye,  buckwheat,  barley,  sorghum,  millet 
or  spelt. 


14 


2.  Meal  is  the  clean  sound  product  made  by  grinding  grain. 

3.  Flour  is  the  fine,  clean,  sound  product  made  by  bolting 
wheat  meal  and  contains  not  more  than  thirteen  and  one-half 
(13.5)  per  cent  of  moisture,  not  less  than  one  and  twenty-five 
hundredths  (1.25)  per  cent,  of  nitrogen  not  more  than  one  (1) 
per  cent,  of  ash,  and  not  more  than  fifty  hundredths  (0.50)  per 
cent  of  fiber. 

4.  Graham  flour  is  unbolted  wheat  meal. 

5.  Gluten  flour  is  the  clean,  sound  product  made  from  flour 
by  the  removal  of  starch,  and  contains  not  less  than  five  and  six- 
tenths  (5.6)  per  cent  of  nitrogen  and  not  more  than  ten  (10)  per 
cent  of  moisture. 

6.  Maize  meal,  corn  meal,  Indian  corn  meal,  is  meal  made 
from  sound  maize  grain  and  contains  not  more  than  fourteen  (14) 
per  cent  of  moisture,  not  less  than  one  and  twelve-hundredths 
(1.12)  per  cent  of  nitrogen,  and  not  more  than  one  and  six-tenths 
(1.6)  per  cent  of  ash. 

7.  Rice  is  the  hulled,  or  hulled  and  polished  grain  of  Oryza 
sativa . 

8.  Oatmeal  is  meal  made  from  hulled  oats  and  contains  not 
more  than  twelve  (12)  per  cent  of  moisture,  not  more  than  one 
and  five-tenths  (1.5)  per  cent,  of  crude  fiber,  not  less  than  two 
and  twenty-four  hundredths  (2.24)  per  cent,  of  nitrogen,  and  not 
more  than  two  and  two-tenths  (2.2)  per  cent,  of  ash. 

9.  Rye  flour  is  the  fine,  clean,  sound  product  made  by  bolt¬ 
ing  rye  meal  and  contains  not  more  than  thirteen  and  one-half 
(13.5)  per  cent,  of  moisture,  not  less  than  one  and  thirty-six  hun¬ 
dredths  (1.36)  per  cent,  of  nitrogen,  and  not  more  than  one  and 
twenty-five  hundredths  (1.25)  per  cent,  of  ash. 

10.  Buckwheat  flour  is  bolted  buckwheat  and  contains  not 
more  than  twelve  (12)  per  cent,  of  moisture,  not  less  than  one 
and  twenty-eight  hundredths  (1.28)  per  cent,  of  nitrogen,  and 
not  more  than  one  and  seventy-five  hundredths  (1.75)  per  cent, 
of  ash. 

B.  Fruit  and  Vegetables. 

a.  FRUIT  AND  FRUIT  PRODUCTS. 

(Except  fruit  juices,  fresh,  sweet,  and  fermented,  and  vinegars.) 

1.  Fruits  are  the  clean,  sound,  edible,  fleshy  fructifications 
of  plants,  distinguished  by  their  sweet,  acid,  and  ethereal  flavors. 

2.  Dried  fruit  a  is  the  clean,  sound  product  made  by  drying 
mature,  properly  prepared,  fresh  fruit  in  such  a  way  as  to  take 


15 


up  no  harmful  substance,  and  conforms  in  name  to  the  fruit  used 
in  its  preparation;  sun-dried  fruit  is  dried  fruit  made  by  drying 
without  the  use  of  artificial  means ;  evaporated  fruit  is  dried  fruit 
made  by  drying  with  the  use  of  artificial  means. 

3.  Evaporated  apples  are  evaporated  fruit  made  from  peeled 
and  cored  apples,  and  contain  not  more  than  twenty-seven  (27) 
per  cent,  of  moisture,  determined  by  the  usual  commercial  method 
of  drying  for  four  (4)  hours  at  the  temperature  of  boiling  water. 

(Standards  for  other  dried  fruits  are  in  preparation.) 

4.  Canned  fruit  is  the  sound  product  made  by  sterilizing 
clean,  sound,  properly  matured  and  prepared  fresh  fruit,  by  heat¬ 
ing,  with  or  without  sugar  (sucrose)  and  spices,  and  keeping  in 
suitable,  clean,  hermetically  sealed  containers,  and  conforms  in 
name  to  the  fruit  used  in  its  preparation. 

5.  Preserve  b  is  the  sound  product  made  from  clean,  sound, 
properly  matured  and  prepared  fresh  fruit  and  sugar  (sucrose) 
sirup,  with  or  without  spices  or  vinegar,  and  conforms  in  name 
to  that  of  the  fruit  used,  and  in  its  preparation  not  less  than  for¬ 
ty-five  (45)  pounds  of  fruit  are  used  to  each  fifty-five  (55)  pounds 
of  sugar. 

6.  Honey  preserve  b  is  preserve  in  which  honey  is  used  in 
place  of  sugar  (sucrose)  sirup. 

7.  Glucose  preserve  b  is  preserve  in  which  a  glucose  product 
is  used  in  place  of  sugar  (sucrose)  syrup. 

8.  Jam ,  marmalade,  b  is  the  sound  product  made  from  clean, 
sound,  properly  matured  and  prepared  fresh  fruit  and  sugar  (suc¬ 
rose),  with  or  without  spices  or  vinegar,  by  boiling  to  a  pulpy  or 
semi-solid  consistence,  and  conforms  in  name  to  the  fruit  used, 
and  in  its  preparation  not  less  than  forty-five  (45)  pounds  of  fruit 
are  used  to  each  fifty-five  (55)  pounds  of  sugar. 

9.  Glucose  jam,  glucose  marmalade,  b  is  jam  in  which  a 
glucose  product  is  used  in  place  of  sugar  (sucrose). 

10.  Fruit  butter  a  is  the  sound  product  made  from  fruit  juice 
and  clean,  sound,  properly  matured  and  prepared  fruit,  evapor¬ 
ated  to  a  semi-solid  mass  of  homogeneous  consistence,  with  or 
without  the  addition  of  sugar  and  spices  or  vinegar,  and  conforms 
in  name  to  the  fruit  used  in  its  preparation. 

11.  Glucose  fruit  butter  a  is  fruit  butter  in  which  a  glucose 
product  is  used  in  place  of  sugar  (sucrose). 

12.  Jelly  a  is  the  sound,  semi-solid,  gelatinous  product  made 

a  The  subject  of  sulphurous  acid  in  dried  fruits  is  reserved  for  consideration  in 
connection  with  the  schedule  “Preservatives  and  Coloring  Matters.” 

&  Products  made  with  mixtures  of  sugar,  glucose,  and  honey,  or  any  two  thereof, 
are  reserved  for  future  consideration. 


16 


by  boiling  clean,  sound,  properly  matured  and  prepared  fresh  fruit 
with  water,  concentrating  the  expressed  and  strained  juice,  to 
which  sugar  (sucrose)  is  added,  and  conforms  in  name  to  the  fruit 
used  in  its  preparation. 

13.  Glucose  jelly  a  is  jelly  in  which  a  glucose  product  is 
used  in  place  of  sugar  (sucrose). 

b.  VEGETABLES  AND  VEGETABLE  PRODUCTS. 

1.  Vegetables  are  the  succulent,  clean,  sound,  edible  parts  of 
herbaceous  plants  used  for  culinary  purposes. 

2.  Dried  vegetables  are  the  clean,  sound  products  made  by 
drying  properly  matured  and  prepared  vegetables  in  such  a  way 
as  to  take  up  no  harmful  substance,  and  conform  in  name  to  the 
vegetables  used  in  their  preparation;  sun-dried  vegetables  are 
dried  vegetables  made  by  drying  without  the  use  of  artificial 
means;  evaporated  vegetables  are  dried  vegetables  made  by  dry¬ 
ing  with  the  use  of  artificial  means. 

3.  Canned  vegetables  are  sound,  properly  matured  and  pre¬ 
pared  fresh  vegetables,  with  or  without  salt,  sterilized  by  heat, 
with  or  without  previous  cooking  in  vessels,  from  which  they  take 
up  no  metallic  substance,  kept  in  suitable,  clean,  hermetically 
sealed  containers,  are  sound,  and  conform  in  name  to  the  vege¬ 
tables  used  in  their  preparation. 

4.  Pickles  are  clean,  sound,  immature  cucumbers,  properly 
prepared,  without  taking  up  any  meatallic  compound  other  than 
salt,  and  preserved  in  any  kind  of  vinegar,  with  or  without 
spices;  pickled  onions ,  pickled  beets ,  pickled  beans,  and  other 
pickled  vegetables  are  vegetables  prepared  as  described  above, 
and  conform  in  name  to  the  vegetables  used. 

5.  Salt  pickles  are  clean,  sound,  immature  cucumbers,  pre¬ 
served  in  a  solution  of  common  salt,  with  or  without  spices. 

6.  Sweet  pickles  are  pickled  cucumbers  or  other  vegetables 
in  the  preparation  of  which  sugar  (sucrose)  is  used. 

7.  Sauerkraut  is  clean,  sound,  properly  prepared  cabbage, 
mixed  with  salt,  and  subjected  to  fermentation. 

8.  Catchup  ( ketchup ,  catsup)  is  the  clean,  sound  product 
made  from  the  properly  prepared  pulp  of  clean,  sound,  fresh,  ripe 
tomatoes,  with  spices  and  with  or  without  sugar  and  vinegar; 
mushroom  catchup,  walnut  catchup,  et  cetera,  are  catchups  made 
as  above  described,  and  conform  in  name  to  the  substances  used 
in  their  preparation. 

a  Products  made  with  mixtures  of  sugar,  glucose,  and  honey,  or  any  two  thereof, 
are  reserved  for  future  consideration. 


17 


C.  Sugars  and  Related  Substances. 

a.  SUGAR  AND  SUGAR  PRODUCTS. 

SUGARS. 

1.  Sugar  is  the  product  chemically  known  as  sucrose  (sacch¬ 
arose),  chiefly  obtained  from  sugar  cane,  sugar  beets,  sorghum, 
maple  and  palm. 

2.  Granulated,  loaf,  cut,  milled  and  powdered  sugars  are  dif¬ 
ferent  forms  of  sugar  and  contain  at  least  ninety-nine  and  five- 
tenths  per  cent,  of  sucrose. 

3.  Maple  sugar  is  the  solid  product  resulting  from  the  evap¬ 
oration  of  maple  sap,  and  contains,  in  the  water-free  substance, 
not  less  than  sixty-five  one-hundredths  (0.65)  per  cent,  of  maple 
sugar  ash. 

4.  Massecuite,  melada ,  mush  sugar  and  concrete  are  prod¬ 
ucts  made  by  evaporating  the  purified  juice  of  a  sugar-producing 
plant,  or  a  solution  of  sugar,  to  a  solid  or  semi-solid  consistence, 
and  in  which  the  sugar  chiefly  exists  in  a  crystalline  state. 

MOLASSES  AND  REFINERS'  SIRUP. 

1.  Molasses  is  the  product  left  after  separating  the  sugar 
from  massecuite,  melada,  mush  sugar;  or  concrete,  and  contains 
not  more  than  twenty-five  (25)  per  cent,  of  water  and  not  more 
than  five  (5)  per  cent,  of  ash. 

2.  Refiners'  sirup,  treacle,  is  the  residual  liquid  product  ob¬ 
tained  in  the  process  of  refining  raw  sugars  and  contains  not  more 
than  twenty-five  (25)  per  cent,  of  water  and  not  more  than  eight 
(8)  per  cent,  of  ash. 


SIRUPS. 

1.  Sirup  is  the  sound  product  made  by  purifying  and  evap¬ 
orating  the  juice  of  a  sugar-producing  plant  without  removing  any 
of  the  sugar. 

2.  Sugar-cane  sirup  is  sirup  made  by  the  evaporation  of  the 
juice  of  the  sugar-cane,  or  by  the  solution  of  sugar-cane  concrete, 
and  contains  not  more  than  thirty  (30)  per  cent,  of  water  and 
not  more  than  two  and  five-tenths  (2.5)  per  cent,  of  ash. 

3.  Sorghum  sirup  is  sirup  made  by  the  evaporation  of 
sorghum  juice,  or  by  the  solution  of  sorghum  concrete,  and  con¬ 
tains  not  more  than  thirty  (30)  per  cent,  of  water  and  not  more 
than  two  and  five-tenths  (2.5)  per  cent,  of  ash. 


D  FL— 2 


18 


4.  Maple  sirup  is  sirup  made  by  the  evaporation  of  maple 
sap,  or  by  the  solution  of  maple  concrete,  and  contains  not  more 
than  thirty-two  (32)  per  cent,  of  water  and  not  less  than  forty- 
five  hundredths  (0.45)  per  cent,  of  maple  sirup  ash. 

5.  Sugar  sirup  is  the  product  made  by  dissolving  sugar  to 
the  consistence  of  a  sirup,  and  contains  not  more  than  thirty-five 
(35)  per  cent,  of  water. 

b.  GLUCOSE  PRODUCTS. 

1.  Starch  sugar  is  the  solid  product  made  by  hydrolyzing 
starch  or  a  starch-containing  substance  until  the  greater  part  of 
the  starch  is  converted  into  dextrose.  Starch  sugar  appears  in  com¬ 
merce  in  two  forms,  anhydrous  starch  sugar  and  hydrous  starch 
sugar.  The  former,  crystallized  without  water  of  crystallization, 
contains  not  less  than  ninety-five  (95)  per  cent  of  dextrose  and 
not  more  than  eight-tenths  (0.8)  per  cent,  of  ash.  The  latter, 
crystallized  with  water  of  crystallization,  is  of  two  varieties — 70 
sugar,  also  known  as  brewers’  sugar,  contains  not  less  than  sev¬ 
enty  (70)  per  cent,  of  dextrose  and  not  more  than  eight-tenths 
(0.8)  per  cent,  of  ash;  80  sugar,  climax  or  acme  sugar,  contains 
not  less  than  eighty  (80)  per  cent,  of  dextrose  and  not  more  than 
one  and  one-half  (1.5)  per  cent,  of  ash. 

The  ash  of  all  these  products  consists  almost  entirely  of  chlor- 
ids  and  sulphates. 

2.  Glucose,  mixing  glucose,  confectioner's  glucose,  is  a  thick, 
sirupy,  colorless  product  made  by  incompletely  hydrolyzing  starch, 
cr  a  starch-containing  substance,  and  decolorizing  and  evaporat¬ 
ing  the  product.  It  varies  in  density  from  forty-one  (41)  to  for¬ 
ty-five  (45)  degrees  Baume  at  a  temperature  of  100°  Fahr. 
(37.7°  C.),  and  conforms  in  density,  within  these  limits,  to  the 
degree  Baume  it  is  claimed  to  show,  and  for  a  density  of  forty- 
one  (41)  degrees  Baume  contains  not  more  than  twenty-one  (21) 
per  cent.,  and  for  a  density  of  forty-five  (45)  degrees  not  more 
than  fourteen  (14)  per  cent,  of  water.  It  contains  on  a  basis  of 
forty-one  (41)  degrees  Baume  not  more  than  one  (1)  per  cent,  of 
ash,  consisting  chiefly  of  chlorids  and  sulphates. 

C.  CANDY. 

1.  Gandy  is  a  product  made  from  a  saccharine  substance 
or  substances  with  or  without  the  addition  of  harmless  coloring, 
flavoring  or  filling  materials  and  contains  no  terra  alba,  barytes, 
talc,  chrome  yellow,  or  other  mineral  substances,  or  poisonous 


19 


colors  or  flavors,  or  other  ingredients  deleterious  or  detrimental 
to  health,  or  any  vinous  malt  or  spirituous  liquor  or  compound,  or 
narcotic  drug. 

d.  HONEY. 

1.  Honey  is  the  nectar  and  saccharine  exudations  of  plants 
gathered,  modified,  and  stored  in  the  comb  by  honey  bees  ( Apis 
mellifica  and  A.  dorsata)  ;  is  lsevo-rotatory,  contains  not  more  than 
twenty-five  hundredths  (0.25)  per  cent,  of  ash,  and  not  more  than 
eight  (8)  per  cent,  of  sucrose. 

2.  Comb  honey  is  honey  contained  in  the  cells  of  the  comb, 

3.  Extracted  honey  is  honey  which  has  been  separated  from 
the  uncrushed  comb  by  centrifugal  force  or  gravity. 

4.  Strained  honey  is  honey  removed  from  the  crushed  comb 
by  straining  or  other  means. 

D.  Condiments  (except  Vinegar  and  Salt). 
a.  spices. 

1.  Spices  are  aromatic  vegetable  substances  used  for  the 
seasoning  of  food  and  from  which  no  portion  of  any  volatile  oil 
or  other  flavoring  principle  has  been  removed  and  which  are 
clean,  sound  and  true  to  name. 

2.  Allspice,  pimento,  is  the  dried  fruit  of  the  Pimenta  pi- 
menta  (L.)  Kars.,  and  contains  not  less  than  eight  (8)  per  cent, 
of  quercitannic  acid  a;  not  more  than  six  (6)  per  cent  of  total  ash, 
not  more  than  five-tenths  (0.5)  per  cent,  of  ash  insoluble  in  hydro¬ 
chloric  acid,  and  not  more  than  twenty-five  (25)  per  cent,  of 
crude  fiber. 

3.  Anise  is  the  fruit  of  the  Pimpinella  anisum  L. 

4.  Bay  leaf  is  the  dried  leaf  of  Laurus  nobilis  L. 

5.  Capers  are  the  flower  buds  of  Capparis  spinosa  L. 

6.  Caraway  is  the  fruit  of  Carum  carvi  L. 

CAYENNE  AND  RED  PEPPER. 

7.  Red  pepper  is  the  red,  dried,  ripe  fruit  of  any  species  of 
Capsicum . 

8.  Cayenne  pepper,  cayenne,  is  the  dried,  ripe  fruit  of  Cap¬ 
sicum  frutescens  L.,  Capsicum  baccatum  L.,  or  some  other  small- 
fruited  species  of  Capsicum,  and  contains  not  less  than  fifteen 
(15)  per  cent,  of  nonvolatile  ether  extract;  not  more  than  six 


a  Calculated  from  the  total  oxygen  absorbed  by  the  aqueous  extract. 


20 


and  five-tenths  (6.5)  per  cent,  of  total  ash;  not  more  than  five- 
tenths  (0.5)  per  cent,  of  ash  insoluble  in  hydrochloric  acid;  not 
more  than  one  and  five-tenths  (1.5)  per  cent,  of  starch,  and  not 
more  than  twenty-eight  (28)  per  cent,  of  crude  fiber. 

9.  Paprika  is  the  dried,  ripe  fruit  of  Capsicum  annuum  L., 
or  some  other  large-fruited  species  of  Capsicum,  excluding  seeds 
and  stems. 

10.  Celery  seed  is  the  dried  fruit  of  Apium  graveolens  L. 

11.  Cinnamon  is  the  dried  bark  of  any  species  of  the  genus 
Cinnamomum,  from  which  the  outer  layers  may  or  may  not  have 
been  removed. 

12.  True  cinnamon  is  the  dried  inner  bark  of  Cinnamomum 
zeylanicum  Breyne. 

13.  Cassia  is  the  dried  bark  of  various  species  of  Cinna¬ 
momum  zeylanicum,  from  which  the  outer  layers  may  or  may  not 
have  been  removed. 

14.  Cassia  buds  are  the  dried  immature  fruit  of  species  of 
Cinnamomum . 

15.  Ground  cinnamon,  ground  cassia,  is  a  powder  consist¬ 
ing  of  cinnamon,  cassia,  cassia  buds,  or  a  mixture  of  these  spices, 
and  contains  not  more  than  six  (6)  per  cent,  of  total  ash  and  not 
more  than  two  (2)  per  cent,  of  sand. 

16.  Cloves  are  the  dried  flower  buds  of  Caryophyllus  aro- 
maticus  L .,  which  contain  not  more  than  five  (5)  per  cent,  of  clove 
stems;  not  less  than  ten  (10)  per  cent,  of  volatile  ether  extract; 
not  less  than  twelve  (12)  per  cent,  of  quercitannic  acid  a;  not 
more  than  eight  (8)  per  cent,  of  total  ash;  not  more  than  five- 
tenths  (0.5)  per  cent,  of  ash  insoluble  in  hydrochloric  acid,  and  not 
more  than  ten  (10)  per  cent,  of  crude  fiber. 

17.  Coriander  is  the  dried  fruit  of  Coriandrum  sativum  L. 

18.  Cumin  seed  is  the  fruit  of  Cuminum  cyminum  L. 

19.  Dill  seed  is  the  fruit  of  Anethum  graveolens  L. 

20.  Fennel  is  the  fruit  of  Foeniculum  foenicidum  (L.)  Karst. 

21.  Ginger  is  the  washed  and  dried  or  decorticated  and  dried 
rhizome  of  Zinziber  zingiber  (L.)  Karst.,  and  contains  not  less 
than  forty-two  (42)  per  cent,  of  starch;  not  more  than  eight  (8) 
per  cent,  of  crude  fiber;  not  more  than  six  (6)  per  cent,  of  total 
ash;  not  more  than  than  one  (1)  per  cent,  of  lime,  and  not  more 
than  three  (3)  per  cent  of  ash  insoluble  in  hydrochloric  acid. 

22.  Limed  ginger,  bleached  ginger,  is  whole  ginger  coated 
with  carbonate  of  lime,  and  contains  not  more  than  ten  (10)  per 

a  Calculated  from  the  total  oxygen  absorbed  by  the  aqueous  extract. 


21 


cent,  of  ash,  not  more  than  four  (4)  per  cent,  of  carbonate  of 
lime,  and  conforms  in  other  respects  to  the  standard  for  ginger. 

23.  Horse-radish  is  the  root  of  the  Roripa  armor acia  (L.) 
Hitchcock,  either  by  itself  or  ground  and  mixed  with  vinegar. 

24.  Mace  is  the  dried  arillus  of  Myristica  fragrans  Hout- 
tuyn,  and  contains  not  less  than  twenty  (20)  nor  more  than  thirty 
(30)  per  cent,  of  nonvolatile  ether  extract,  not  more  than  three 
(3)  per  cent,  of  total  ash,  and  not  more  than  five-tenths  (0.5)  per 
cent,  of  ash  insoluble  in  hydrochloric  acid,  and  not  more  than  ten 
(10)  per  cent  of  crude  fiber. 

25.  Macassar  mace ,  Papua  mace ,  is  the  dried  arillus  of 
Myristica  argentea  Warb. 

26.  Bombay  mace  is  the  dried  arillus  of  Mryistica  mala- 
barica  Lamarck. 

27.  Marjoram  is  the  leaf,  flower  and  branch  of  Major  ana 
major  ana  (L.)  Karst. 

28.  Mustard  seed  is  the  seed  of  Sinapis  alba  L.  (white  must¬ 
ard),  Brassica  nigra  (L.)  Koch  (black  mustard),  or  Brassica 
juncea  (L.)  Cosson  (black  or  brown  mustard). 

29.  Ground  mustard  is  a  powder  made  from  mustard  seed, 
with  or  without  the  removal  of  the  hulls  and  a  portion  of  the  fixed 
oil,  and  contains  not  more  than  two  and  five-tenths  (2.5)  per 
cent,  of  starch  and  not  more  than  eight  (8)  per  cent,  of  total  ash. 

30.  Prepared  mustard,  German  mustard,  French  mustard, 
mustard  paste,  is  a  paste  composed  of  a  mixture  of*  ground  must¬ 
ard  seed  or  mustard  flour  with  salt,  spices  and  vinegar,  and,  cal¬ 
culated  free  from  water,  fat  and  salt,  contains  not  more  than 
twenty-four  (24)  per  cent,  of  carbohydrates,  calculated  as  starch, 
determined  according  to  the  official  methods,  not  more  than 
twelve  (12)  per  cent,  of  crude  fiber  nor  less  than  thirty-five  (35) 
per  cent,  of  protein,  derived  solely  from  the  materials  named. 

31.  Nutmeg  is  the  dried  seed  of  the  Myristica  fragrans 
Houttuyn,  deprived  of  its  testa,  with  or  without  a  thin  coating  of 
lime,  and  contains  not  less  than  twenty-five  (25)  per  cent,  of  non¬ 
volatile  ether  extract,  not  more  than  five  (5)  per  cent,  of  total  ash, 
not  more  than  five-tenths  (0.5)  per  cent,  of  ash  insoluble  in  hydro¬ 
chloric  acid,  and  not  more  than  ten  (10)  per  cent,  of  <irude  fiber. 

32.  Macassar  nutmeg,  Papua  nutmeg,  male  nutmeg,  long 
nutmeg  is  the  dried  seed  of  Myristica  argentea  Warb.  deprived  of 
its  testa. 


22 


PEPPER. 

33.  Black  pepper  is  the  dried  immature  berry  of  Piper  ni¬ 
grum  L.  and  contains  not  less  than  six  (6)  per  cent,  of  nonvolatile 
ether  extract,  not  less  than  twenty-five  (25)  per  cent,  of  starch, 
not  more  than  (7)  per  cent,  of  total  ash,  not  more  than  two  (2) 
per  cent,  of  ash  insoluble  in  hydrochloric  acid,  and  not  more  than 
fifteen  (15)  per  cent,  of  crude  fiber.  One  hundred  parts  of  the 
nonvolatile  ether  extract  contain  not  less  than  three  and  one- 
quarter  (3.25)  parts  of  nitrogen.  Ground  black  pepper  is  the 
product  made  by  grinding  the  entire  berry,  and  contains  the  sev¬ 
eral  parts  of  the  berry  in  their  normal  proportions. 

34.  Long  pepper  is  the  dried  fruit  of  Piper  longum  L. 

35.  White  pepper  is  the  dried  mature  berry  of  Piper  nigrum 
L.,  from  which  the  outer  coating  or  the  outer  and  inner  coatings 
have  been  removed,  and  contains  not  less  than  six  (6)  per  cent, 
of  nonvolatile  ether  extract,  not  less  than  fifty  (50)  per  cent,  of 
starch,  not  more  than  four  (4)  per  cent,  of  total  ash,  not  more 
than  five-tenths  (0.5)  per  cent  of  ash  insoluble  in  hydrochloric 
acid,  and  not  more  than  five  (5)  per  cent,  of  crude  fiber.  One 
hundred  parts  of  the  nonvolatile  ether  extract  contain  not  less  than 
four  (4)  parts  of  nitrogen. 

36.  Saffron  is  the  dried  stigma  of  Crocus  sativus  L. 

37.  Sage  is  the  leaf  of  Salvia  officinalis  L. 

38.  Savory ,  summer  savory ,  is  the  leaf,  blossom  and  branch 
of  Satureja  hortensis  L. 

39.  Thyme  is  the  leaf  and  tip  of  blooming  branches  of  Thy¬ 
mus  vulgaris  L.* 

b.  FLAVORING  EXTRACTS. 

1.  A  flavoring  extract a  is  a  solution  of  ethyl  alcohol  of  proper 
strength  of  the  sapid  and  odorous  principles  derived  from  an  aro¬ 
matic  plant,  or  parts  of  the  plant,  with  or  without  its  coloring 
matter,  and  conforms  in  name  to  the  plant  used  in  its  preparation. 

2.  Almond  extract  is  the  flavoring  extract  prepared  from  oil 
of  bitter  almonds,  free  from  hydrocyanic  acid,  and  contains  not 
less  than  one  (1)  per  cent,  by  volume  of  oil  of  bitter  almonds. 

2a.  Oil  of  bitter  almonds ,  commercial,  is  the  volatile  oil  ob¬ 
tained  from  the  seed  of  the  bitter  almond  ( Amygdalus  communis 
L.),  the  apricot  ( Prunus  armeniaca  L.),  or  the  peach  ( Amygdalus 
persica  L.). 

a  The  flavoring  extracts  herein  described  are  intended  solely  for  food  purposes 
and  are  not  to  be  confounded  with  similar  preparations  described  in  the  Pharmacopoeia 
for  medicinal  purposes.  • 


23 


3.  Anise  extract  is  the  flavoring  extract  prepared  from  oil 
of  anise,  and  contains  not  less  than  three  (3)  per  cent,  by  volume 
of  oil  of  anise. 

3a.  Oil  of  anise  is  the  volatile  oil  obtained  from  the  anise 

seed. 

4.  Celery  seed  extract  is  the  flavoring  extract  prepared 
from  celery  seed  or  the  oil  of  celery  seed,  or  both,  and  contains  not 
less  than  three-tenths  (0.3)  per  cent,  by  volume  of  oil  of  celery 
seed. 

4a.  Oil  of  celery  seed  is  the  volatile  oil  obtained  from  celery 
seed. 

5.  Cassia  extract  is. the  flavoring  extract  prepared  from  oil 
of  cassia  and  contains  not  less  than  two  (2)  per  cent,  by  volume  of 
oil  of  cassia. 

5a.  Oil  of  cassia  is  the  lead-free  volatile  oil  obtained  from  the 
leaves  or  bark  of  Cinnamomum  cassia  Bl.,  and  contains  not  less 
than  seventy-five  (75)  per  cent,  by  weight  of  cinnamic  aldehyde. 

6.  Cinnamon  extract  is  the  flavoring  extract  prepared  from 
oil  of  cinnamon,  and  contains  not  less  than  two  (2)  per  cent,  by 
volume  of  oil  of  cinnamon. 

6a.  Oil  of  cinnamon  is  the  lead-free  volatile  oil  obtained  from 
the  bark  of  the  Ceylon  cinnamon  ( Cinnamomum  zeylanicum 
Breyne),  and  contains  not  less  than  sixty-five  (65)  per  cent,  by 
weight  of  cinnamic  aldehyde,  and  not  more  than  ten  (10)  per  cent, 
by  weight  of  eugenol. 

7.  Clove  extract  is  the  flavoring  extract  prepared  from  oil 
of  cloves,  and  contains  not  less  than  two  (2)  per  cent,  by  volume 
of  oil  of  cloves. 

7a.  Oil  of  cloves  is  the  lead-free,  volatile  oil  obtained  from 
cloves. 

8.  Ginger  extract  is  the  flavoring  extract  prepared  from 
ginger,  and  contains  in  each  one  hundred  (100)  cubic  centimeters, 
the  alcohol-soluble  matters  from  not  less  than  twenty  (20)  grams 
of  ginger. 

9.  Lemon  extract  is  the  flavoring  extract  prepared  from  oil 
of  lemon,  or  from  lemon  peel,  or  both,  and  contains  not  less  than 
five  (5)  per  cent,  by  volume  of  oil  of  lemon. 

9a.  Oil  of  lemon  is  the  volatile  oil  obtained,  by  expression 
or  alcoholic  solution,  from  the  fresh  peel  of  the  lemon  ( Citrus 
limonum  L.),  has  an  optical  rotation  (25°  C.)  of  not  less  than 
+60°  in  a  100-millimeter  tube,  and  contains  not  less  than  four  (4) 
per  cent  by  weight  of  citral. 


24 


10.  Terpeneless  extract  of  lemon  is  the  flavoring  extract  pre¬ 
pared  by  shaking  oil  of  lemon  with  dilute  alcohol,  or  by  dissolving 
terpeneless  oil  of  lemon  in  dilute  alcohol,  and  contains  not  less 
than  two-tenths  (0.2)  per  cent,  by  weight  of  citral  derived  from 
oil  of  lemon. 

10a.  Terpeneless  oil  of  lemon  is  oil  of  lemon  from  which  all 
of  the  terpenes  have  been  removed. 

11.  Nutmeg  extract  is  the  flavoring  extract  prepared  from 
oil  of  nutmeg,  and  contains  not  less  than  two  (2)  per  cent,  by  vol¬ 
ume  of  oil  of  nutmeg. 

11a.  Oil  of  nutmeg  is  the  volatile  oil  obtained  from  nutmegs. 

12.  Orange  extract  is  the  flavoring  extract  prepared  from 
oil  of  orange,  or  from  orange  peel,  or  both,  and  contains  not  less 
than  five  (5)  per  cent,  by  volume  of  oil  of  orange. 

12a.  Oil  of  orange  is  the  volatile  oil  obtained,  by  expression 
or  alcoholic  solution,  from  the  fresh  peel  of  the  orange  ( Citrus 
aurantium  L.)  and  has  an  optical  rotation  (25°  C.)  of  not  less  than 
+95°  in  a  100-millimeter  tube. 

13.  Terpeneless  extract  of  orange  is  the  flavoring  extract 
prepared  by  shaking  oil  of  orange  with  dilute  alcohol,  or  by  dis¬ 
solving  terpeneless  oil  of  orange  in  dilute  alcohol,  and  corresponds 
in  flavoring  strength  to  orange  extract. 

13a.  Terpeneless  oil  of  orange  is  oil  of  orange  from  which  all, 
or  nearly  all,  of  the  terpenes  have  been  removed. 

14.  Peppermint  extract  is  the  flavoring  extract  prepared 
from  oil  of  peppermint,  or  from  peppermint,  or  both,  and  contains 
not  less  than  three  (3)  per  cent,  by  volume  of  oil  of  peppermint. 

14a.  Peppermint  is  the  leaves  and  flowering  tops  of  Mentha 
piperita  L. 

14b.  Oil  of  peppermint  is  the  volatile  oil  obtained  from  pep¬ 
permint,  and  contains  not  less  than  fifty  (50)  per  cent,  by  weight 
of  menthol. 

15.  Rose  extract  is  the  flavoring  extract  prepared  from  otto 
of  roses,  with  or  without  red  rose  petals,  and  contains  not  less  than 
four-tenths  (0.4)  per  cent  by  volume  of  otto  of  roses. 

15a.  Otto  of  roses  is  the  volatile  oil  obtained  from  the  petals 
of  Rosa  damascena  Mill.,  R.  centifola  L.,  or  R  moschata  Herrm. 

16.  Savory  extract  is  the  flavoring  extract  prepared  from  oil 
of  savory,  or  from  savory,  or  both,  and  contains  not  less  than 
thirty-five  hundredths  (0.35)  per  cent,  by  volume  of  oil  of  savory. 

16a.  Oil  of  savory  is  the  volatile  oil  obtained  from  savory. 

17.  Spearmint  extract  is  the  flavoring  extract  prepared  from 


25 


oil  of  spearmint,  or  from  spearmint,  or  both,  and  contains  not  less 
than  three  (3)  per  cent,  by  volume  cf  oil  of  spearmint. 

17a.  Spearmint  is  the  leaves  and  flowering  tops  of  Mentha 
spicata  L. 

176.  Oil  of  spearmint  is  the  volatile  oil  obtained  from  spear¬ 
mint. 

18.  Star  anise  extract  is  the  flavoring  extract  prepared  from 
oil  of  star  anise,  and  contains  not  less  than  three  (3)  per  cent,  by 
volume  of  oil  of  star  anise. 

18a.  Oil  of  star  anise  is  the  volatile  oil  distilled  from  the  fruit 
of  the  star  anise  ( Illicium  verum  Hook) . 

19.  Sweet  basil  extract  is  the  flavoring  extract  prepared 
from  oil  of  sweet  basil,  or  from  sweet  basil,  or  both,  and  contains 
not  less  than  one-tenth  (0.1)  per  cent,  by  volume  of  oil  of  sweet 
basil. 

19a.  Sweet  basil,  basil,  is  the  leaves  and  tops  of  Ocymum 
basilicum  L. 

196.  Oil  of  sweet  basil  is  the  volatile  oil  obtained  from  basil. 

20  Sweet  marjoram  extract,  marjoram  extract,  is  the  flavor¬ 
ing  extract  prepared  from  the  oil  of  marjoram,  or  from  marjoram, 
or  both,  and  contains  not  less  than  one  (1)  per  cent,  by  volume  of 
oil  of  marjoram. 

20a.  Oil  of  marjoram  is  the  volatile  oil  obtained  from  mar¬ 
joram. 

21.  Thyme  extract  is  the  flavoring  extract  prepared  from  oil 
of  thyme,  or  from  thyme,  or  both,  and  contains  not  less  than  two- 
tenths  (0.2)  per  cent,  of  volume  of  oil  of  thyme. 

21a.  Oil  of  thyme  is  the  volatile  oil  obtained  from  thyme. 

22.  Tonka  extract  is  the  flavoring  extract  prepared  from 
tonka  bean,  with  or  without  sugar  or  glycerin,  and  contains  not 
less  than  one-tenth  (0.1)  per  cent,  by  weight  of  coumarin  ex¬ 
tracted  from  the  tonka  bean,  together  with  a  corresponding  propor¬ 
tion  of  the  other  soluble  matters  thereof. 

22a.  Tonka  bean  is  the  seed  of  Coumarouna  odorata  Aublet 
( Dipteryx  odarata  (Aubl.  Willd.). 

23.  Vanilla  extract  is  the  flavoring  extract  prepared  from 
vanilla  bean,  with  or  without  sugar  or  glycerin,  and  contains  in 
one  hundred  (100)  cubic  centimeters  the  soluble  matters  from  not 
less  than  ten  (10)  grams  of  the  vanilla  bean. 

23a.  Vanilla  bean  is  the  dried,  cured  fruit  of  Vanilla  plani- 
folia  Andrews. 

24.  Wintergreen  extract  is  the  flavoring  extract  prepared 


26 


from  oil  of  wintergreen,  and  contains  not  less  than  three  (3)  per 
cent,  by  volume  of  oil  of  wintergreen. 

24a.  Oil  of  wintergreen  is  the  volatile  oil  distilled  from  the 
leaves  of  the  Gaultheria  procumhens  L. 

C.  EDIBLE  VEGETABLE  OILS  AND  FATS. 

1.  Olive  oil  is  the  oil  obtained  from  the  sound,  mature  fruit 
of  the  cultivated  olive  tree  (Ole a  europoea  L.)  and  subjected  to  the 
usual  refining  processes ;  is  free  from  rancidity ;  has  a  refractive  in¬ 
dex  (25°  C.)  not  less  than  one  and  forty-six  hundred  and  sixty  ten- 
thousandths  (1.4660),  and  not  exceeding  one  and  forty-six  hun¬ 
dred  and  eighty  ten-thousandths  (1.4680)  ;  and  an  iodin  number 
not  less  than  seventy-nine  (79)  and  not  exceeding  ninety  (90). 

2.  Virgin  olive  oil  is  olive  oil  obtained  from  the  first  press¬ 
ing  of  carefully  selected,  hand-picked  olives. 

3.  Cotton-seed  oil  is  the  oil  obtained  from  the  seeds  of  cotton 
plants  (Gossypium  hirsutum  L.,  G.  bardadense  L.,  or  G.  herbaceum 
L.)  and  subjected  to  the  usual  refining  processes;  is  free  from 
rancidity;  has  a  refractive  index  (25°  C.),  not  less  than  one  and 
forty-seven  hundred  ten-thousandths  (1.4700),  and  not  exceeding 
one  and  forty-seven  hundred  and  twenty-five  ten-thousandths 
(1.4725)  ;  and  an  iodin  number  not  less. than  one  hundred  and  four 
(104),  and  not  exceeding  one  hundred  and  ten  (110). 

4.  “Winter -yellow”  cotton-seed  oil  is  expressed  cotton-seed 
oil,  from  which  a  portion  of  the  stearin  has  been  separated  by 
chilling  and  pressure,  and  has  an  iodin  number  not  less  than  one 
hundred  and  ten  (110),  and  not  exceeding  one  hundred  and  six¬ 
teen  (116). 

5.  Peanut  oil,  arachis  oil,  earthnut  oil,  is  the  oil  obtained 
from  the  peanut  ( Arachis  hypogaea  L.)  and  subjected  to  the  usual 
refining  processes;  is  free  from  rancidity;  has  a  refractive  index 
(25°  C.),  not  less  than  one  and  forty-six  hundred  and  ninety  ten- 
thousandths  (1.4690),!  and  not  exceeding  one  and  forty-seven 
hundred  and  seven  ten-thousandths  (1.4707)  ;  and  an  iodin  num¬ 
ber  not  less  than  eighty-seven  (87)  and  not  exceeding  one  hundred 
(100.) 

6.  “Cold-drawn”  peanut  oil a  is  peanut  oil  obtained  by  press¬ 
ure  without  heating. 

7.  Sesame  oil,  gingili  oil,  teel  oil,  is  the  oil  obtained  from  the 
►seeds  of  the  sesame  plants  (Sesamum  orientale  L.  and  S.  radiatum 

a  The  fixing  of  limits  for  chemical  and  physical  properties  is  reserved  for  future 
consideration. 


27 


Schum.  and  Thonn.),  and  subjected  to  the  usual  refining  processes; 
is  free  from  rancidity;  has  a  refractive  index  (25°  C.),  not  less 
than  one  and  forty-seven  hundred  and  four  ten-thousandths 
(1.4704)  and  not  exceeding  one  and  forty-seven  hundred  and  seven¬ 
teen  ten-thousandths  (1.4717)  ;  and  an  iodin  number  not  less 
than  one  hundred  and  three  (103),  and  not  exceeding  one  hundred 
and  twelve  (112.) 

8.  “ Cold-drawn ”  sesame  oila  is  sesame  oil  obtained  by  press¬ 
ure  without  heating. 

9.  Poppy-seed  oila  is  the  oil  obtained  from  the  seed  of  the 
poppy  ( Papaver  somniferum  L.)  subjected  to  the  usual  refining 
processes  and  free  from  rancidity. 

10.  White  poppy-seed  oil,  “cold-drawn”  poppy-seed  oil,a  is 
poppy-seed  oil  of  the  first  pressing  without  heating. 

11.  Coconut  oila  is  the  oil  obtained  from  the  kernels  .of  the 
coconut  ( Cocos  nucifera  L.)  and  subjected  to  the  usual  refining 
processes  and  free  from  rancidity. 

12.  Cochin  oil  is  coconut  oil  prepared  in  Cochin  (Malabar). 

13.  Ceylon  oil  is  coconut  oil  prepared  in  Ceylon. 

14.  Copra  oil  is  coconut  oil  prepared  from  copra,  the  dried 
kernels  of  the  coconut. 

15.  Rape-seed  oil,  colza  oil,a  is  the  oil  obtained  from  the  seeds 
of  the  rape  plant  ( Brassica  napus  L.)  and  subjected  to  the  usual 
refining  processes  and  free  from  rancidity. 

16.  “Cold-drawn”  rape-seed  oila  is  rape-seed  oil  obtained 
by  the  first  pressing  without  heating. 

17.  Sunflower  oila  is  the  oil  obtained  from  the  seeds  of  the 
sunflower  ( Helianthus  annuus  L.)  and  subjected  to  the  usual  re- 
ning  processes  and  free  from  rancidity. 

18.  “Cold-drawn”  sunflower  oila  is  sunflower  oil  obtained  by 
the  first  pressing  without  heating. 

19.  Maize  oil,  corn  oil,a  is  the  oil  obtained  from  the  germ  of 
the  maize  ( Zea  mays  L.)  and  subjected  to  the  usual  refining  pro¬ 
cesses  and  free  from  rancidity. 

20.  Cocoa  butter,  cacao  butter,  is  the  fat  obtained  from 
roasted,  sound  cocoa  beans,  and  subjected  to  the  usual  refining  pro¬ 
cesses;  is  free  from  rancidity;  has  a  refractive  index  (40°C.)  not 
less  than  one  and  forty-five  hundred  and  sixty-six  ten-thousandths 
(1.4566),  and  not  exceeding  one  and  forty-five  hundred  and  ninety- 
eight  ten-thousandths  (1.4598)  ;  an  iodin  number  not  less  than 

a  The  fixing  of  limits'for  chemical  and  physical  properties  is  reserved  for  future  con¬ 
sideration. 


28 


thirty-three  (33)  and  not  exceeding  thirty-eight  (38) ;  and  a  melt¬ 
ing  point  not  lower  than  30°  C.  nor  higher  than  35°  C. 

21.  Cottonseed  oil  stearin  is  the  solid  product  made  by  chill¬ 
ing  cotton-seed  oil  and  separating  the  solid  portion  by  filtration, 
with  or  without  pressure,  and  having  an  iodin  number  not  less 
than  eighty-five  (85),  and  not  more  than  one  hundred  (100). 

E.  Tea,  Coffee  and  Cocoa  Products. 

1.  Tea  is  the  leaves  and  leaf  buds  of  different  suecies  of 
Thea,  prepared  by  the  usual  trade  processes  of  fermenting,  drying, 
and  firing;  meets  the  provisions  of  the  act  of  Congress,  approved 
March  2,  1897,  and  the  regulations  made  in  conformity  therewith 
(Treasury  Department  Circular  16,  February  6,  1905)  ;  conforms 
in  variety  and  place  of  production  to  the  name  it  bears ;  and  con¬ 
tains  not  less  than  four  (4)  nor  more  than  seven  (7)  per  cent,  of 
ash. 


b.  COFFEE. 

1.  Coffee  is  the  seed  of  Coffea  arabica  L.  or  Coffea  liberica 
Bull.,  freed  from  all  but  a  small  portion  of  its  spermoderm,  and 
conforms  in  variety  and  place  of  production  to  the  name  it  bears. 

2.  Roasted  coffee ,  which,  by  the  action  of  heat,  has  become 
brown  and  developed  its  characteristic  aroma,  and  contains  not  less 
than  ten  (10)  per  cent,  of  fat,  and  not  less  than  three  (3)  per  cent, 
of  ash. 


C.  COCOA  AND  COCOA  PRODUCTS. 

1.  Cocoa  beans  are  the  seeds  of  the  cacoa  tree,  Theobroma 
cacao  L. 

2.  Cocoa  nibs,  cracked  cocoa,  is  the  roasted,  broken  cocoa 
bean  freed  from  its  shell  or  husk. 

3.  Chocolate,  plain  chocolate,  bitter  chocolate,  chocolate  liq¬ 
uor,  bitter  chocolate  coatings,  is  the  solid  or  plastic  mass  obtained 
by  grinding  cocoa  nibs  without  the  removal  of  fat  or  other  constitu¬ 
ents  except  the  germ,  and  contains  not  more  than  three  (3)  per 
cent,  of  ash  insoluble  in  water,  three  and  fifty  hundredths  (3.50) 
per  cent,  of  crude  fiber,  and  nine  (9)  per  cent,  of  starch,  and  not 
less  than  forty-five  (45)  per  cent,  of  cocoa  fat. 

4.  Sweet  chocolate,  sweet  chocolate  coatings,  is  cnocolate 
mixed  with  sugar  (sucrose),  with  or  without  the  addition  of  cocoa 
butter,  spices,  or  other  flavoring  materials,  and  contains  in  the 
sugar  and  fat-free  residue  no  higher  percentage  of  either  ash, 


29 


fiber,  or  starch  than  is  found  in  the  sugar  and  fat-free  residue  of 
chocolate. 

5.  Cocoa,  powdered  cocoa,  is  cocoa  nibs,  with  or  without  the 
germ,  deprived  of  a  portion  of  its  fat  and  finely  pulverized,  and 
contains  percentages  of  ash,  crude  fiber,  and  starch  corresponding 
to  those  in  chocolate  after  correction  for  fat  removed. 

6.  Sweet  cocoa,  sweetened  cocoa,  is  cocoa  mixed  with  sugar 
(sucrose),  and  contains  not  more  than  sixty  (60)  per  cent  of 
sugar  (sucrose),  and  in  the  sugar  and  fat-free  residue  no  higher 
percentage  of  either  ash,  crude  fiber,  or  starch  than  is  found  in 
the  sugar  and  fat-free  residue  of  chocolate. 

F.  Beverages. 

a.  FRUIT  JUICES — FRESH,  SWEET  AND  FERMENTED. 

1.  FRESH  AND  2.  SWEET. 

(Schedules  in  preparation.) 

3.  FERMENTED  FRUIT  JUICES. 

1.  Wine  is  the  product  made  by  the  normal  alcoholic  fer¬ 
mentation  of  the  juice  of  sound,  ripe  grapes,  and  the  usual  cel¬ 
lar  treatment,  a  and  contains  not  less  than  seven  (7)  nor  more 
than  sixteen  (16)  per  cent,  of  alcohol,  by  volume,  and,  in  one 
hundred  (100)  cubic  centimeters  (20°  C.),  not  more  than  one- 
tenth  (0.1)  gram  of  sodium  chlorid  nor  more  than  two-tenths 
(0.2)  gram  of  potassium  sulphate;  and  for  red  wine  not  more 
than  fourteen  hundredths  (0.14)  gram,  and  for  white  not  more 
than  twelve  hundredths  (0.12)  gram  of  volatile  acids  produced 
by  fermentation  and  calculated  as  acetic  acid.  Red  wine  is  wine 
containing  the  red  coloring  matter  of  the  skins  of  grapes.  White 
wine  is  wine  made  from  white  grapes  or  the  expressed  fresh  juice 
of  other  grapes. 

2.  Dry  wine  is  wine  in  which  the  fermentation  of  the  sugars 
is  practically  complete,  and  which  contains,  in  one  hundred  (100) 
cubic  centimeters  (20°  C.),  less  than  one  (1)  gram  of  sugars,  and 
for  dry  red  wine  not  less  than  sixteen  hundredths  (0.16)  gram  of 
grape  ash  and  not  less  than  one  six-tenths  (1.6)  grams  of  sugar- 
free  grape  solids,  and  for  dry  white  wine  not  less  than  thirteen 
hundredths  (0.13)  gram  of  grape  ash  and  not  less  than  one  and 
four-tenths  (1.4)  grams  of  sugar-free  grape  solids. 

a  The  subject  of  sulphurous  acid  in  wine  is  reserved  for  consideration  in  con¬ 
nection  with  the  schedule,  “Preservatives  and  Coloring  Matters.” 


30 


3.  Fortified  dry  wine  is  dry  wine  to  which  brandy  has  been 
added,  but  which  conforms  in  all  other  particulars  to  the  stand¬ 
ard  of  dry  wine. 

4.  Siveet  wine  is  wine  in  which  the  alcoholic  fermentation 
has  been  arrested,  and  which  contains,  in  one  hundred  (100)  cubic 
centimeters  (20°  C.),  not  less  than  one  (1)  gram  of  sugars,  and 
for  sweet  red  wine  not  less  than  sixteen  hundredths  (0.16)  gram 
of  grape  ash,  and  for  sweet  white  wine  not  less  than  thirteen 
hundredths  (0.13)  gram  of  grape  ash. 

5.  Fortified  sweet  wine  is  sweet  wine  to  which  wine  spirits 
have  been  added.  By  act  of  Congress,  “sweet  wine”  used  for 
making  fortified  sweet  wine  and  “wine  spirits”  used  for  such  for¬ 
tification  are  defined  as  follows  (sec.  43,  Act  of  October  1,  1890, 
26  Stat.,  567,  as  amended  by  section  68,  Act  of  August  27,  1894, 
28  Stat.,  509,  and  further  amended  by  act  of  Congress,  approved 
June  7,  1906,)  :  “That  the  wine  spirits  mentioned  in  section  42  of 
this  act  is  the  product  resulting  from  the  distillation  of  1  rmented 
grape  juice,  to  which  water  may  have  been  added  prior  tc  during, 
or  after  fermentation,  for  the  sole  purpose  of  facilitat  tig  the 
fermentation  and  economical  distillation  thereof,  and  shall  he  held 
to  include  the  products  from  grapes  or  their  residues,  commonly 
known  as  grape  brandy;  and  the  pure  sweet  wine,  which  may  be 
fortified  free  of  tax,  as  provided  in  said  section,  is  fermented  grape 
juice  only,  and  shall  contain  no  other  substance  whatever  intro¬ 
duced  before,  at  the  time  of,  or  after  fermentation,  except  as  here¬ 
in  expressly  provided ;  and  such  sweet  wine  shall  contain  not  less 
than  four  per  centum  of  saccharine  matter,  which  saccharine 
strength  may  be  determined  by  testing  with  Balling’s  saccharo- 
meter  or  must  scale,  such  sweet  wine,  after  the  evaporation  of  the 
spirits  contained  therein,  and  restoring  the  sample  tested  to  orig¬ 
inal  volume  by  addition  of  water :  Provided,  That  the  addition  of 
pure  boiled  or  condensed  grape  must  or  pure  crystallized  cane  or 
beet  sugar  or  pure  anhydrous  sugar  to  the  pure  grape  juice  afore¬ 
said,  or  the  fermented  product  of  such  grape  juice  prior  to  the 
fortification  provided  by  this  act  for  the  sole  purposes  of  perfect¬ 
ing  sweet  wine,  according  to  commercial  standard,  or  the  addition 
of  water  in  such  quantities  only  as  may  be  necessary  in  the  me¬ 
chanical  operation  of  grape  conveyers,  crushers,  and  pipes  leading 
to  fermenting  tanks,  shall  not  be  excluded  by  the  definition  of 
pure  sweet  wine  aforesaid :  Provided,  lioivever,  That  the  cane  or 
beet  sugar,  or  pure  anhydrous  sugar,  or  water,  so  used  shall  not 
in  either  case  be  in  excess  of  ten  (10)  per  centum  of  the  weight 


81 


of  the  wine  to  be  fortified  under  this  Act :  And  provided  further, 
That  the  addition  of  water  herein  authorized  shall  be  under  such 
regulations  and  limitations  as  the  Commissioner  of  Internal  Rev¬ 
enue,  with  the  approval  of  the  Secretary  of  the  Treasury,  may 
from  time  to  time  prescribe;  but  in  no  case  shall  such  wines  to 
which  water  has  been  added  be  eligible  for  fortification  under  the 
provisions  of  this  Act  where  the  same,  after  fermentation  and 
before  fortification,  have  an  alcoholic  strength  of  less  than  five 
per  centum  of  their  volume.” 

6.  Sparkling  wine  is  wine  in  which  the  after  part  of  the 
fermentation  is  completed  in  the  bottle,  the  sediment  being  dis¬ 
gorged  and  its  place  supplied  by  wine  or  sugar  liquor,  and  which 
contains,  in  one  hundred  (100)  cubic  centimeters  (20°  C.),  not 
less  than  twelve  hundredths  (0.12)  gram  of  grape  ash. 

7.  Modified  wine,  ameliorated  wine,  corrected  wine,  is  the 
product  made  by  the  alcoholic  fermentation,  with  the  usual  cellar 
treatment,  of  a  mixture  of  the  juice  of  sound,  ripe  grapes  with 
sugar  (sucrose),  or  a  sirup  containing  not  less  than  sixty-five 
(65)  per  cent,  of  sugar  (sucrose),  and  in  quantity  not  more  than 
enough  to  raise  the  alcoholic  strength  after  fermentation,  to  eleven 
(11)  per  cent,  by  volume. 

8.  Raisin  wine  is  the  product  made  by  the  alcoholic  fermen¬ 
tation  of  an  infusion  of  dried  or  evaporated  grapes,  or  of  a  mixt¬ 
ure  of  such  infusion,  or  of  raisins  with  grape  juice. 

b.  MEAD,  ROOT  BEER,  ETC. 

(Schedule  in  preparation.) 

C.  MALT  LIQUORS. 

(Schedule  in  preparation.! 

d.  SPIRITUOUS  LIQUORS. 

(Schedule  in  preparation.) 

e.  CARBONATED  WATERS,  ETC. 

(Schedule  in  preparation.) 

G.  Vinegar. 

1.  Vinegar,  cider  vinegar,  apple  vinegar,  is  the  product  made 
by  the  alcoholic  and  subsequent  acetous  fermentations  of  the  juice 
of  apples,  is  lsevo-rotatory,  and  contains  not  less  than  four  (4) 


32 


grams  of  acetic  acid,  not  less  than  one  and  six-tenths  (1.6)  grams 
of  apple  solids,  of  which  not  more  than  fifty  (50)  per  cent,  are  re¬ 
ducing  sugars,  and  not  less  than  twenty-five  hundredths  (0.25) 
gram  of  apple  ash  in  one  hundred  (100)  cubic  centimeters  (20° 
C.) ;  and  the  water-soluble  ash  from  one  hundred  (100)  cubic 
centimeters  (20°  C.)  of  the  vinegar  contains  not  less  than  ten 
(10)  milligrams  of  phosphoric  acid  (P205),  and  requires  not  less 
than  thirty  (30)  cubic  centimeters  of  decinormal  acid  to  neutralize 
its  alkalinity. 

2.  Wine  vinegar ,  grape  vinegar ,  is  the  product  made  by 
the  alcoholic  and  subsequent  acetous  fermentations  of  the  juice  of 
grapes,  and  contains,  in  one  hundred  (100)  cubic  centimeters 
(20°  C.),  not  less  than  four  (4)  grams  of  acetic  acid,  not  less 
than  one  (1.0)  gram  of  grape  solids,  and  not  less  than  thirteen 
hundredths  (0.13)  grams  of  grape  ash. 

3.  Malt  vinegar  is  the  product  made  by  the  alcoholic  and 
subsequent  acetous  fermentations,  without  distillation,  of  an  in¬ 
fusion  of  barley  malt  or  cereals  whose  starch  has  been  converted 
by  malt,  is  dextro-rotatory,  and  contains,  in  one  hundred  (100) 
cubic  centimeters  (20°  C.),  not  less  than  four  (4)  grams  of  acetic 
acid,  not  less  than  two  (2)  grams  of  solids,  and  not  less  than  two- 
tenths  (0.2)  gram  of  ash;  and  the  water-soluble  ash  from  one  hun¬ 
dred  (100)  cubic  centimeters  (20°  C.)  of  vinegar  contains  not 
less  than  nine  (9)  milograms  of  phosphoric  acid  (P205),  and  re¬ 
quires  not  less  than  four  (4)  cubic  centimeters  of  decinormal  acid 
to  neutralize  its  alkalinity. 

4.  Sugar  vinegar  is  the  product  made  by  the  alcoholic  and 
subsequent  acetous  fermentations  of  solutions  of  sugar,  sirup,  mo¬ 
lasses,  or  refiners'  sirup,  and  contains,  in  one  hundred  (100) 
cubic  centimeters  (20°  C.),  not  less  than  four  (4)  grams  of  acetic 
acid. 

5.  Glucose  vinegar  is  the  product  made  by  the  alcoholic  and 
subsequent  acetous  fermentations  of  solutions  of  starch  sugar 
or  glucose,  is  dextro-rotatory,  and  contains,  in  one  hundred  (100) 
cubic  centimeters  (20°  C.),  not  less  than  four  (4)  grams  of  acetic 
acid. 

6.  Spirit  vinegar ,  distilled  vinegar,  grain  vinegar,  is  the 
product  made  by  the  acetous  fermentations  of  dilute  distilled  alco¬ 
hol,  and  contains,  in  one  hundred  (100)  cubic  centimeters  (20° 
C.),  not  less  than  four  (4)  grams  of  acetic  acid. 


33 


III.  SALT. 

1.  Table  salt,  dairy  salt,  is  fine-grained  crystalline  salt,  con¬ 
taining  on  a  water-free  basis,  not  more  than  one  and  four-tenths 
(1.4)  per  cent,  of  calcium  sulphate  (CaSo4),  nor  more  than  five- 
tenths  (0.5)  per  cent,  of  calcium  and  magnesium  chlorids  (CaCl2 
and  MgCl2),  nor  more  than  one-tenth  (0.1)  per  cent,  of  matters 
insoluble  in  water. 

IV.  PRESERVATIVES  AND  COLORING  MATTER. 

(Schedules  in  preparation.) 


D  F  L— 3 


34 


[S.  B.  48.] 

DAIRY  AND  FOOD  COMMISSIONER. 


AN  ACT  to  amend  an  act  entitled  “An  act  to  create  the  office  of  state  dairy  com¬ 
missioner,  and  to  define  his  term  of  service,  duties  and  powers,"  approved  April  8, 
1905,  by  repealing  sections  1  and  2,  and  enacting  three  new  sections  in  lieu  thereof, 
to  be  known  as  sections  1,  2  and  2a;  and  by  adding  eight  new  sections  thereto, 
to  be  known  as  sections  10,  11,  12,  13,  14,  15,  16  and  17;  and  appropriating  money 
for  the  enforcement  of  said  act  as  amended. 


SECTION 

1.  Amending. 

1.  Appointment  —  confirmation  — 

term — vacancy. 

2.  Bond— salary. 

2a.  Powers  and  duties— deputy. 

2.  Amending. 

10.  To  inspect  certain  foods  and 

drugs — to  make  rules. 

11.  To  make  purchase  of  foods  of¬ 

fered  for  sale  and  make  an¬ 
alysis.' 


SECTION 

12.  By  whom  tested— evidence— to 

make  complaint. 

13.  Duty  of  prosecuting  attorney. 

14.  Notice  of  finding— hearing  to  be 

granted — goods  to  be  seized— 
judgment— appeal. 

14a.  Notice  by  publication. 

15.  Commissioner  to  report  —  to 

whom. 

16.  Appropriation  for. 

16a.  Disposition  of  articles  on  hand. 

17.  Repealing  conflicting  laws. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri ,  as 

follows: 

Section  1.  That  sections  1  and  2  of  an  act  entitled  “An  act 
to  create  the  office  of  state  dairy  commissioner,  and  to  define  his 
term  of  service,  duties  and  powers,”  approved  April  8,  1905,  be 
and  the  same  are  hereby  repealed  and  the  following  three  sections 
enacted  in  lieu  thereof,  to  be  known  as  sections  1,  2  and  2a,  in  words 
and  figures  as  follows: 

Section  1.  Within  30  days  after  this  act  shall  take  effect,  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate,  shall 
appoint  a  suitable  person  to  be  dairy  and  food  commissioner,  which 
office  is  hereby  created,  and  which  commissioner  so  appointed  shall 
hold  office  until  the  first  day  of  February,  1909,  and  until  his  suc¬ 
cessor  is  appointed  and  qualified.  At  the  next  regular  session  of 
the  legislature,  and  every  four  years  thereafter,  the  governor,  by 
and  with  the  advice  and  consent  of  the  senate,  shall  appoint  a  dairy 
and  food  commissioner,  who  shall  hold  office  for  a  term  of  four 
years  from  the  first  day  of  February  of  the  year  of  his  appointment 
and  until  his  successor  is  appointed  and  qualified.  Said  commis¬ 
sioner  shall  be  subject  to  removal  by  the  governor  for  cause,  and 
in  case  of  vacancy  in  said  office  from  any  cause  the  governor  shall 
appoint  another  person  to  fill  the  same  for  the  unexpired  term. 

Section  2.  Before  entering  upon  the  duties  of  his  office,  the 
person  appointed  as  dairy  and  food  commissioner  shall  make,  sub¬ 
scribe  and  file  in  the  office  of  the  secretary  of  state,  the  oath  of 


35 


office  prescribed  by  the  Constitution  and  shall  give  bond  to  the 
state  in  the  sum  of  ten  thousand  dollars,  with  sureties  to  be  ap¬ 
proved  by  the  governor,  conditioned  for  the  faithful  performance 
of  his  duties.  Said  commissioner  shall  receive  a  salary  of  two 
thousand  dollars  a  year,  payable  in  monthly  installments,  and  his 
actual  necessary  traveling  expenses  while  in  the  discharge  of  his 
official  duties.  He  shall  be  provided  with  an  office  by  the  state 
board  of  agriculture  at  the  seat  of  the  state  agricultural  college. 

Section  2a.  The  said  commissioner  shall  have  power  to  ap¬ 
point  a  deputy,  who  shall  have  the  same  powers  as  the  commissioner, 
and  who  shall  receive  a  salary  of  twelve  hundred  dollars  a  year, 
payable  monthly,  and  necessary  traveling  expenses.  Said  com¬ 
missioner  may  also  appoint,  from  time  to  time,  such  inspectors,  as 
the  proper  performance  of  the  duties  of  his  office  may  require,  not 
exceeding  six  in  number.  They  shall  be  paid  at  the  rate  of  one 
thousand  dollars  per  year  for  time  actually  employed,  payable 
monthly,  and  actual  expenses  incident  to  the  discharge  of  their 
duties.  The  persons  so  appointed  shall  have  power  to  administer 
oaths  in  matters  relative  to  the  dairy  and  food  laws,  and  shall  have 
the  same  right  of  access  to  the  places  to  be  inspected  as  the  said 
commissioner  or  his  deputy.  The  said  deputy  and  inspectors  shall 
hold  office  during  the  pleasure  of  the  commissioner,  and  shall  take 
and  subscribe  the  oath  of  office  and  give  bond  to  the  state  in  such 
sum  and  with  such  sureties  as  may  be  approved  by  the  commis- 
sioner,  conditioned  for  the  faithful  performance  of  their  respective 
duties.  The  necessary  chemical  work  of  the  office  shall  be  done 
by  or  under  the  supervision  of  the  chemist  of  the  state,  experiment 
station. 

Sec.  2.  That  said  act  entitled  “An  act  to  create  the  office  of 
state  dairy  commissioner,  and  to  define  his  term  of  service,  duties 
and  powers,”  approved  April  8’  1905,  be  and  the  same  is  hereby 
amended  by  adding  eight  new  sections  thereto,  to  be  known  as  sec¬ 
tions  10,  11,  12,  13,  14,  15,  16  and  17,  which  said  sections  are  in 
words  and  figures,  as  follows : 

Section  10.  It  shall  be  the  duty  of  the  dairy  and  food  com¬ 
missioner  to  enforce  all  laws  that  now  exist,  or  that  may  hereafter 
be  enacted,  regarding  the  production,  manufacture  or  sale  of  dairy 
products,  or  the  adulteration  of  any  article  of  food  or  drug,  or  the 
misbranding  of  the  same;  and  personally,  or  by  his  assistants,  in¬ 
spect  any  article  of  food  or  drug  made  or  offered  for  sale  in  this 
state,  which  he  may,  through  himself  or  his  assistants,  suspect  or 
have  reason  to  believe  are  impure,  unhealthful,  adulterated  or  mis- 


36 


branded,  and  to  prosecute,  or  cause  to  be  prosecuted,  any  person  or 
persons,  firm  or  corporation  engaged  in  the  manufacture  or  sale  of 
food  or  drugs,  or  dairy  products,  contrary  to  the  laws  of  this  state. 
Said  commissioner  shall  make  rules  and  regulations  for  carrying 
out  the  provisions  of  this  act,  and  such  rules  and  regulations  shall 
conform  as  nearly  as  practicable  to  the  rules  and  regulations  at 
present  established  and  which  may  hereafter  be  established  for 
the  enforcement  of  the  act  of  congress  approved  June  30,  1906, 
and  known  as  the  '‘Food  and  drugs  act.” 

Section  11.  It  shall  be  the  duty  of  any  officer  entrusted  with 
the  enforcement  of  this  act,  when  he  is  required  thereto  by  any 
person,  to  purchase  from  the  vendor  of  any  article  sold  or  exposed 
for  sale  a  sample  thereof,  and  submit  it  for  analysis,  in  accordance 
with  the  provisions  of  this  act :  Provided,  the  person  so  requiring 
such  purchase  and  analysis  deposits  with  such  officer,  at  the  time 
such  a  demand  is  made,  a  sum  of  money  sufficient  to  pay  for  such 
sample  and  analysis.  If  upon  analysis  such  article  is  found  to  be 
adulterated,  within  the  meaning  of  this  act,  such  deposit  shall  be 
returned  to  him. 

Section  12.  The  dairy  and  food  commissioner,  his  deputy,  or 
any  one  by  him  appointed,  is  hereby  authorized  and  empowered  to 
enter  during  business  hours,  in  the  performance  of  his  duties,  any 
factory,  store,  salesroom,  warehouse,  laboratory,  drug  store,  or  any 
other  place  where  foods  or  drugs  are  stored  or  exposed  for  sale, 
or  place  where  they  have  reason  to  believe  such  foods  or  drugs  are 
kept  or  offered  for  sale;  and  he  may,  in  lawful  manner,  procure 
samples  of  the  said  articles  of  food  or  drugs,  or  imitation  thereof, 
suspected  of  being  made  or  sold  in  violation  of  law,  and  cause  the 
same  to  be  analyzed  or  satisfactorily  tested  by  the  chemist  of  the 
state  experiment  station ;  and  such  analysis  or  test  shall  be  recorded 
and  preserved  as  evidence,  and  the  certificate  of  such  analysis  or 
test,  when  sworn  to  by  such  chemist,  shall  be  admitted  as  evidence 
of  the  facts  therein  contained  in  all  prosecutions  that  may  result 
from  such  violation;  and  it  shall  be  the  duty  of  said  commissioner 
to  make  complaint  of  such  violation  in  the  proper  county,  and  furn¬ 
ish  the  prosecuting  attorney  with  the  evidence  thereof,  and  obtain 
a  conviction  for  the  offense  charged.  And  in  the  discharge  of  his 
duties  said  commissioner,  his  deputy  and  assistants,  shall  have 
power  to  open  any  cask,  tub,  jar,  bottle  or  package  containing,  or 
supposed  to  contain,  any  article  of  food  or  drugs,  and  examine,  or 
cause  to  be  examined,  the  contents  thereof,  and  take  therefrom 
samples  in  the  presence  of  at  least  one  witness ;  and  he  shall,  in  the 


37 


presence  of  such  witness,  mark  or  seal  such  samples,  and  shall 
tender  at  the  time  of  taking,  to  the  manufacturer  or  vendor  of  such 
food  or  drug,  or  to  the  person  having  the  custody  of  the  same,  the 
value  thereof;  samples  may  be  purchased  in  the  open  market  or  at 
[the]  factory,  and  if  in  bulk,  the  marks,  brands  or  tags  upon  the 
package,  carton,  wrapper  or  other  container,  and  the  accompanying 
printed  or  written  matter  shall  be  noted.  The  collector  shall  also 
note  the  names  of  the  vendor  and  agent  through  whom  the  sale  was 
actually  made,  together  with  the  date  of  the  purchase.  Samples 
shall  be  divided  into  three  equal  parts ;  each  part  shall  be  labeled 
with  identifying  marks.  One  of  the  parts  shall  be  delivered  to  the 
person  from  whom  the  purchase  was  made,  or  (of)  [if]  a  guaranty 
has  been  given,  such  part  shall  be  delivered  to  the  garantor.  One 
of  the  parts  shall  be  sent  to  the  chemist  of  the  state  experiment 
station  and  one  part  shall  be  held  under  seal  by  the  commissioner. 
The  parts  of  the  sample  so  divided  shall  be  sealed  by  the  collector 
with  a  seal  provided  for  that  purpose.  Any  person  who  shall  ob¬ 
struct  the  commissioner,  or  any  of  his  assistants,  by  refusing  to 
allow  him  entrance  to  any  place  which  he  desires  to  enter  in  the 
discharge  of  his  official  duty,  or  refuse  to  deliver  to  him  a  sample 
of  any  article  of  food  or  drug  made,  sold,  offered  or  exposed  for  sale 
by  such  person,  when  the  same  is  requested,  and  when  the  value 
thereof  is  tendered,  shall  be  guilty  of  a  misdemeanor,  punishable 
by  a  fine  of  not  exceeding  fifty  ($50)  dollars  for  the  first  offense, 
and  not  exceeding  five  hundred  ($500)  dollars,  nor  less  than  fifty 
($50)  dollars,  for  each  subsequent  offense. 

Section  13.  It  shall  be  the  duty  of  the  prosecuting  attorney 
in  any  county  or  city  in  the  state,  when  called  upon  by  the  com¬ 
missioner’  or  any  of  his  assistants,  to  render  any  legal  assistance 
in  his  power  to  execute  the  laws,  and  to  prosecute  cases  arising 
under  the  provisions  of  this  act. 

Section  14.  When  the  examination  shows  that  the  provisions 
of  this  act  have  been  violated,  the  said  commissioner  shall  first 
cause  notice  of  such  fact,  together  with  a  copy  of  the  findings,  to 
be  given  to  the  party  or  parties  from  whom  the  sample  was  ob¬ 
tained,  and  to  the  party,  if  any,  whose  name  appears  upon  the  label 
as  manufacturer,  packer,  wholesaler,  retailer  or  other  dealer.  The 
parties  so  notified  shall  be  given  opportunity  to  be  heard  under 
such  rules  and  regulations  as  may  be  prescribed  as  aforesaid. 
Notice  shall  specify  (this)  [the]  date,  hour  and  place  of  the  hear¬ 
ing.  The  hearing  shall  be  private  and  shall  take  place  at  the  office 
of  the  commissioner,  and  the  parties  interested  therein  may  appear 


38 


in  person  or  by  attorney.  If  the  party  whose  name  appears  upon 
the  label  resides  without  the  state  he  shall  be  entitled  to  reasonable 
notice  by  mail,  at  such  address  as  may,  with  due  diligence,  be 
obtained.  If,  after  such  hearing,  it  appear  that  said  food,  drug 
or  dairy  product  is  adulterated  or  misbranded,  or  is  a  substitute 
or  an  imitation  within  t;  Cleaning  of  any  law  providing  against 
the  adulteration,  misbranding,  imitation  or  substitution  of  food, 
drugs  and  dairy  products,  said  commissioner,  or  his  deputy,  or  any 
person  by  him  duly  authorized,  shall  seize  such  goods  and  make 
complaint  before  any  justice  of  the  peace  having  jurisdiction  in  the 
city,  village  or  township  where  such  goods  are  seized;  and  there¬ 
upon  such  justice  of  the  peace  shall  issue  his  summons  to  the  per¬ 
sons  from  whom  said  goods  were  seized,  directing  him  to  appear 
not  less  than  five  nor  more  than  ten  days  from  the  date  of  the  issu¬ 
ing  of  said  summons,  and  show  cause  why  said  goods  should  not 
be  condemned  and  disposed  of.  If  the  said  person  from  whom  the 
said  goods  were  taken  or  seized  cannot  be  found,  said  summons 
shall  be  served  upon  the  person  then  in  possession  of  the  goods. 
The  said  summons  shall  be  served  at  least  five  days  before  the  time 
for  appearance  mentioned  therein.  If  the  person  from  whom  said 
goods  were  seized  cannot  be  found,  and  no  one  can  be  found  in  pos¬ 
session  of  said  goods,  and  the  defendant  shall  not  appear  on  the  re¬ 
turn  day,  then  said  justice  of  the  peace  shall  proceed  in  said  cause 
in  the  same  manner  provided  by  law  where  a  writ  of  attachment  is 
returned  not  personally  served  upon  any  of  the  defendants,  and 
none  of  the  defendants  appears  upon  the  return  day.  Unless  cause 
to  the  contrary  thereof  be  shown,  or  if  said  goods  shall  be  found’ 
upon  trial,  to  be  in  violation  of  any  of  the  provisions  of  this  act 
or  other  laws  which  may  now  exist,  or  which  may  be  hereafter 
enacted,  it  shall  be  the  duty  of  said  justice  of  the  peace  to  render 
judgment  that  said  seized  property  be  forfeited  to  the  state  of  Mis¬ 
souri,  and  that  said  goods  be  destroyed,  or  sold  by  said  commis¬ 
sioner,  for  any  purpose  other  than  to  be  used  for  food.  The  mode 
of  procedure  before  said  justice  shall  be  the  same,  as  near  as  may 
be,  as  in  civil  proceedings  before  justices  of  the  peace.  Either  par¬ 
ties  may  appeal  to  the  circuit  court  as  appeals  are  taken  from  jus¬ 
tice  courts,  but  it  shall  not  be  necessary  for  the  state  to  give  appeal 
bond.  The  proceeds  arising  from  such  sales  shall  be  paid  into  the 
state  treasury  and  credited  to  the  general  fund:  Provided,  that 
if  the  owner  or  party  claiming  the  property  or  goods  declared  for¬ 
feited  can  produce  and  prove  a  written  guaranty  of  purity,  signed 
by  the  wholesaler,  jobber,  manufacturer  or  other  person  residing 


39 


in  this  state,  from  whom  said  articles  were  purchased,  then  the 
proceeds  of  the  sale  of  such  articles,  over  and  above  the  cost  of 
seizure,  forfeiture  and  sale,  shall  be  paid  over  to  such  owner  or 
claimant,  to  reimburse  him,  to  the  extent,  of  such  surplus,  for  his 
actual  loss  resulting  from  such  seizure  and  forfeiture,  as  shown  by 
the  invoice. 

Section  14a.  After  judgment  of  the  court,  notice  shall  be 
given  by  publication  in  such  manner  as  may  be  prescribed  by  the 
rules  and  regulations  aforesaid.  If  an  appeal  be  taken  from  the 
judgment  of  the  court  before  such  publication,  notice  of  that  fact 
shall  accompany  the  publication. 

Section  15.  The  commissioner  shall  make  an  annual  report 
to  the  governor,  on  or  before  the  first  day  of  January  of  each  year, 
which  shall  be  printed  and  published.  Such  report  shall  cover  the 
work  of  his  office  for  the  preceding  year  and  shall  show,  among  other 
things,  the  number  of  specimens  of  food  products  analyzed,  and 
the  report  of  the  analyst  upon  each  one  when  the  analysis  indicates 
the  same  to  be  contrary  to  law ;  the  number  of  complaints  entered 
against  persons  for  violations  of  law  relative  to  the  adulteration 
and  misbranding  of  food  and  drugs ;  the  number  of  convictions  had- 
and  the  amount  of  fines  imposed  therefor ;  an  account  of  the  money 
received  and  expended  by  him  and  his  assistants,  together  with 
such  recommendations  relative  to  the  statutes  in  force  as  his  ex¬ 
perience  may  justify.  The  commissioner  may  also  prepare,  print 
and  distribute  a  monthly  bulletin  containing  the  results  of  inspec¬ 
tions,  the  results  of  analysis  made,  or  caused  to  be  made,  with  proper 
explanations  of  the  same,  and  such  other  information  as  may  come 
to  him  in  his  official  capacity,  relating  to  the  adulteration  and  mis¬ 
branding  of  foods  and  drugs  and  of  dairy  products,  so  far  as  he 
may  deem  of  benefit  and  advantage  to  the  public ;  also  a  brief  sum¬ 
mary  of  the  work  done  during  the  month  by  the  commissioner  and 
his  assistants  in  the  enforcement  of  the  laws  of  the  state ;  but  not 
more  than  ten  thousand  copies  of  each  of  the  monthly  bulletins  shall 
be  printed,  which  printing  shall  be  done  by  the  state  printer  and 
shall  be  paid  for  in  the  same  manner  as  other  state  printing. 

Section  16.  For  the  purpose  of  carrying  into  effect  the  pro¬ 
visions  of  this  act  and  of  the  act  entitled  “An  act  to  create  the 
office  of  state  dairy  commissioner,  and  to  define  his  term  of  service, 
duties  and  powers,”  approved  April  8,  1905,  as  amended  by  this 
act,  there  is  hereby  appropriated,  out  of  the  state  treasury,  charge¬ 
able  to  the  general  revenue  fund,  the  sum  of  twenty-five  thousand 


40 


($25,000)  dollars,  or  so  much  thereof  as  may  be  necessary  for  the 
payment  of  salaries  and  all  expenses  authorized  by  this  act. 

Section  16a.  All  articles  of  foods  and  drugs  in  the  hands  of 
retailers  and  jobbers  when  this  law  goes  into  effect  may  be  sold  in 
the  condition  in  which  they  are  found,  provided  such  articles  are 
branded  to  the  effect  that  the  same  were  on  hand  July  1,  1907. 

Section  17.  All  laws  in  conflict  or  inconsistent  with,  or  re¬ 
pugnant  to  the  provisions  of  this  act,  are  hereby  repealed. 

Approved  March  22,  1907. 


(This  law  is  the  law  which  was  amended  by  S.  B.  48.) 

STATE  DAIRY  COMMISSION. 

Sec.  1.  State  Dairy  Commissioner ;  bond;  salary;  report . 
There  is  hereby  created  the  office  of  State  Dairy  Commissioner,  and, 
immediately  after  this  act  goes  into  effect,  every  two  years  there¬ 
after,  the  Governor  shall,  with  the  advice  and  consent  of  the  Sen¬ 
ate,  appoint  a  suitable  person,  to  be  known  and  designated  as 
“State  Dairy  Commissioner,”  who  shall  have  a  practical  knowledge 
of  and  experience  in  the  manufacture  of  dairy  products,  who  shall 
hold  his  office  for  two  years  from  the  first  day  of  May,  or  until  his 
successor  is  appointed  and  qualified,  subject  to  removal  by  the 
Governor  for  inefficiency,  neglect  or  violation  of  duty.  He  shall 
give  bond  in  the  sum  of  ten  thousand  dollars  ($10,000),  condi¬ 
tioned  for  the  faithful  performance  of  his  duties,  with  sureties  to 
be  approved  by  and  filed  with  the  Governor.  Said  commissioner 
shall  receive  a  salary  of  two  thousand  dollars  ($2,000)  a  year, 
payable  monthly,  and  his  actual  necessary  traveling  expenses  while 
in  the  discharge  of  his  official  duties.  He  shall  make  an  annual 
report  to  the  Governor  not  later  than  January  1  of  each  year,  and 
shall  be  furnished  an  office  by  the  State  Board  of  Agriculture  at 
the  seat  of  the  State  Agricultural  College. 

Sec.  2.  Deputy  Commissioner ;  chemist.  The  said  Commis¬ 
sioner  shall  have  power,  when  necessary,  to  appoint  a  deputy, 
whose  salary  shall  not  exceed  $1,200  per  year,  and  the  necessary 
chemical  work  of  his  office  shall  be  done  by  the  chemist  of  the  State 
Agricultural  College. 

Sec.  3.  Duties  of  Commissioner .  It  shall  be  the  duty  of  the 
Sate  Dairy  Commissioner  to  inspect,  or  cause  to  be  inspected,  all 
creameries,  public  dairies,  butter  and  cheese  factories  at  least  once 
a  year,  and  oftener,  if  possible,  prescribe  such  reasonable  rules 
and  regulations  for  their  operation  as  he  deems  necessary  to-  fully 


41 


carry  out  the  provisions  of  laws  now  in  force  or  that  may  be  here¬ 
after  enacted  relative  to  dairy  products  for  the  promotion  and 
maintenance  of  public  health  and  safety;  compile  and  publish,  an¬ 
nually,  statistics  and  information  concerning  all  phases  of  the 
dairy  industry  in  this  State;  co-operate  with  the  State  Board  of 
Agriculture  in  the  holding  of  farmers’  institutes,  special  dairy 
meetings,  and  in  general  strive  for  the  promotion  of  the  best  in¬ 
terests  of  the  dairy  industry  throughout  the  State.  He  shall  keep 
on  hand  a  supply  of  standard  test  tubes  or  bottles  and  milk  meas¬ 
ures  or  pipettes  adapted  to  the  use  of  each  milk  testing  machine, 
the  manufacturers  or  dealers  of  which  have  filed  with  the  State 
Dairy  Commissioner  a  certificate  from  the  director  of  the  Mis¬ 
souri  Agricultural  Experiment  Station  that  said  milk  testing  ma¬ 
chine,  when  properly  operated,  will  produce  accurate  measure¬ 
ments  of  butter  fat,  and  to  furnish  same  at  actual  cost  to  any  per¬ 
son  desiring  them,  upon  written  request  therefor,  such  tubes, 
bottles,  measures  and  pipettes  to  be  stamped  with  the  letters  “S. 
D.  C.”  as  certifying  to  their  accuracy.  He  shall  preserve  in  his 
office  all  correspondence,  records,  documents  and  property  of  the 
State  pertaining  thereto  and  turn  over  same  to  his  successor.  He 
shall  devote  his  whole  time  to  the  duties  of  his  office,  and,  during 
his  term,  shall  hold  no  other  official  or  business  position  nor  any 
professorship  in  any  educational  institution. 

Sec.  4.  Authority  of  Commissioner — inspections,  samplings, 
reports,  examining  witnesses,  etc .  In  the  performance  of  his  of¬ 
ficial  duty  the  State  Dairy  Commissioner  is  hereby  authorized  and 
empowered  to  enter  during  business  hours  all  creameries,  public 
dairies,  butter  and  cheese  factories  or  other  places  where  dairy 
products  are  sold  or  kept  for  sale,  for  the  purpose  of  inspecting 
same;  to  take  samples  anywhere  of  any  dairy  product,  or  imitation 
thereof,  suspected  of  being  made  or  sold  in  violation  of  law,  and 
cause  the  same  to  be  analyzed  or  satisfactorily  tested  by  the  State 
Agricultural  College  chemist,  and  such  analysis  or  test  shall  be  re¬ 
corded  and  preserved  as  evidence,  and  the  certificate  of  such  test, 
when  sworn  to  by  such  chemist,  shall  be  admitted  in  evidence  in  all 
prosecutions  that  may  result  under  the  operations  of  this  act;  to 
require  the  owner,  agent  or  manager  of  every  creamery,  public 
dairy,  butter  and  cheese  factory  to  report  annually,  on  or  before 
September  1st  for  the  year  ending  July  1st,  on  blanks  to  be  fur¬ 
nished  by  the  State  Dairy  Commissioner,  full  and  accurate  infor¬ 
mation  concerning  the  quantity  of  milk  bought,  sold  or  used,  the 
average  price  of  same,  the  quantity  of  butter  or  cheese  produced  or 


42 


sold,  and  the  average  price  of  same,  the  number  of  cows  used  in 
or  contributing  to  the  operation  of  such  creamery,  dairies  and  fac¬ 
tories;  to  examine,  under  oath  or  otherwise,  any  person  whom  he 
may  believe  has  knowledge  concerning  the  unlawful  operation  of 
any  creamery,  public  dairy,  butter  or  cheese  factory,  to  issue  sub¬ 
poena  requiring  the  appearance  of  witnesses  and  the  production  of 
books  and  papers  and  administer  oaths  with  like  effect  as  is  done 
in  courts  of  law  in  this  State,  and  it  shall  be  the  duty  of  any  circuit 
court,  or  the  judge  thereof,  upon  the  application  of  said  commis¬ 
sioner,  to  issue  an  attachment  for  such  witnesses  and  compel  him 
or  them  to  attend  before  the  Commissioner  and  give  testimony 
upon  such  matters  as  he  or  they  shall  be  lawfully  required  by  such 
Commissioner,  and  said  court  or  judge  shall  have  power  to  punish 
for  contempt  as  in  other  cases  of  refusal  to  obey  the  orders  and 
processes  of  the  court. 

Sec.  5.  Definition;  penalty  for  selling  milk  containing  for¬ 
eign  substances .  The  terms  “creameries,  public  dairies,  butter  and 
cheese  factories,”  for  the  purposes  of  this  act,  shall  be  construed  to 
mean  such  as  produce  or  manufacture  dairy  products,  either  genu¬ 
ine  or  imitation,  for  sale  either  at  wholesale  or  retail  to  the  general 
public,  and  shall  not  include  farmers  or  others  who  produce  a  small 
surplus  of  such  products  in  excess  of  their  family  needs.  In  all 
prosecutions  and  proceedings  for  the  enforcement  in  any  of  the 
courts  in  this  State  of  all  laws  and  regulations  of  whatsoever  nature 
now  in  force,  or  that  may  hereafter  be  enacted  pertaining  to  the 
production,  sale  and  distribution  of  dairy  products  of  any  kind 
whatsoever,  the  standards  of  purity  and  the  definition  of  said 
products,  shall  be  such  as  are  now,  or  may  hereafter  be,  adopted, 
recognized  and  published  by  the  officials  of  the  United  States  De¬ 
partment  of  Agriculture,  and  whosoever  shall  sell,  or  offer  or  ex¬ 
pose  for  sale  anywhere  in  this  State,  milk  or  cream  containing 
any  foreign  substance  or  preservative  of  any  kind  whatsoever  in¬ 
jurious  to  health,  shall  be  guilty  of  a  misdemeanor,  and  on  con¬ 
viction,  be  fined  not  less  than  ten  dollars,  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense. 

Sec.  6.  Penalty  for  hindering  execution  of  law .  Any  per¬ 
son  or  persons,  firm  or  corporation  who  shall  hinder  or  obstruct, 
or  in  any  way  interfere  with  the  said  State  Dairy  Commissioner 
or  his  deputies  while  discharging  the  duties  of  inspection,  or  who 
fail  or  refuse  to  make  the  reports  provided  for  by  section  4  of 
this  act,  shall,  on  conviction,  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars,  or  imprisonment  in  jail  not  less  than 


43 


ten  nor  more  than  ninety  days,  or  by  both  such  fine  and  imprison¬ 
ment. 

Sec.  7.  Appropriation .  For  the  purpose  of  carrying  into 
effect  the  provisions  of  this  act  there  is  hereby  appropriated  out 
of  the  State  treasury,  chargeable  to  the  general  revenue  fund,  the 
sum  of  ten  thousand  dollars  ($10,000),  or  so  much  thereof  as  may 
be  necessary  for  paying  the  salary  of  the  State  Dairy  Commis¬ 
sioner  and  his  assistants,  and  the  necessary  traveling  and  print¬ 
ing  expenses  of  the  same  for  the  years  1905  and  1906. 

Sec.  8.  Emergency.  The  advancement  of  the  interests  of 
the  dairy  industry  as  contemplated  by  this  act  creates  an  emer¬ 
gency  within  the  meaning  of  the  Constitution ;  therefore,  this  act 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Sec.  9.  Repeal.  All  laws  and  parts  of  laws  of  whatsoever 
nature,  in  conflict  or  inconsistent  or  repugnant  to  the  provisions 
of  this  act,  are  hereby  repealed. 

Approved  April  8,  1905.  Laws  of  1905  (H.  B.  300),  pp.  133- 


135. 


44 


(The  following  are  the  old  dairy  and  food  laws  of  Missouri  which  will  be  more 
or  less  effected  by  the  passage  of  Senate  Bills  47  and  48.) 


OLD  DAIRY  AND  FOOD  LAWS. 


2266.  Unwholesome  meat ,  bread ,  or  drink;  'penalty.  Every 
person  who  shall  knowingly  sell  the  flesh  of  any  animal  dying 
otherwise  than  by  slaughter,  or  slaughtered  when  diseased,  or  shall 
sell  the  flesh  as  of  one  animal,  knowing  it  to  be  that  of  another 
species,  or  shall  sell  unwholesome  bread  or  drink  without  making 
the  same  fully  known  to  the  purchaser;  and  any  butcher  or  other 
person  who  shall  sell  or  offer  to  sell  the  meat  of  any  calf  which  was 
killed  before  it  had  attained  to  the  age  of  six  weeks,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year. 

2267.  Cleanliness  of  food  receptacles .  It  shall  be  unlawful 
for  any  person,  firm  or  corporation  to  use  any  barrel,  lard  tierce, 
preserve  or  butter  tub,  having  been  once  used,  for  the  purpose  of 
packing  or  storing  any  article  of  human  food  therein,  unless  such 
barrel,  lard  tierce,  preserve  or  butter  tub  has  been  thoroughly 
cleaned  or  scoured  before  its  subsequent  use. 

2268.  Penalty .  Any  person  violating  the  provisions  of  the 
foregoing  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  not  less  than  five  dollars  nor 
more  than  twenty  dollars  for  each  offense ;  and  by  the  using  of  any 
single  article,  as  before  mentioned,  shall  constitute  a  separate 
offense. 

2269.  Adulteration  of  food  and  drugs.  Every  person  who 
shall  fraudulently  adulterate,  for  the  purpose  of  sale,  anything  in¬ 
tended  for  food  or  drink,  or  any  drugs  or  medicine,  shall  be  deemed 
guilty  of  a  misdemeanor. 

Revised  Statutes,  1899,  Vol.  1,  p.  627. 

2286.  Ingredients  prohibited.  It  shall  be  unlawful  for  any 
person  or  corporation  doing  business  in  this  State  to  manufacture, 
sell  or  offer  to  sell,  any  article,  compond  or  preparation,  for  the 
purpose  of  being  used  or  which  is  intended  to  be  used  in  the  pre¬ 
paration  of  food,  in  which  article,  compound  or  preparation  there 
is  any  arsenic,  calomel,  bismuth  or  ammonia. 


45 


2287.  Penalty .  Any  person  or  corporation  violating  the  pro¬ 
visions  of  section  2286,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction,  be  fined  not  less  than  one  hundred  dol¬ 
lars,  which  shall  be  paid  into  and  become  a  part  of  the  road  fund 
of  the  county  in  which  such  fine  is  collected. 

Revised  Statutes,  1899,  Vol,  1,  p.  631. 

6127.  Cities  may  provide  for  inspection  of  animals  intended 
for  food .  All  cities  in  this  State  are  hereby  empowered  to  pro¬ 
vide,  by  ordinance,  for  the  inspection,  while  living,  of  all  animals 
intended  as  human  food  within  such  cities. 

Revised  Statutes,  1899,  Vol.  2,  p.  1437. 

ALCOHOLIC  BEVERAGES, 

2278.  Poisonous  ingredients;  penalty.  Any  person  who  shall 
adulterate,  by  the  use  of  strychnine  or  other  poinsonous  liquids  or 
ingredients,  any  spirituous,  fermented,  malt  or  vinous  liquors,  or 
shall  sell  any  such  liquors  by  retail  or  wholesale,  knowing  the 
same  to  be  adulterated  as  aforesaid  by  or  with  strychnine  or  other 
poisonous  liquids  or  ingredients,  shall  be  deemed  guilty  of  a  felony, 
and,  upon  conviction  thereof,  be  punished  by  imprisonment  in  the 
penitentiary  not  exceeding  five  years. 

2288.  Adulterated  hops ,  malt  or  yeast ,  in  beer ;  penalty.  No 
substitute  for  hops  or  the  pure  extract  of  hops,  or  of  pure  barley 
malt  or  wholesome  yeast  shall  be  used  in  the  manufacture  of  ale 
or  beer  in  this  State,  and  all  ale  or  beer  shown  to  contain  any  sub¬ 
stance  used  as  a  substitute  for  hops,  or  pure  extract  of  hops,  or 
pure  barley  malt  or  wholesome  yeast,  is  hereby  declared  adulter¬ 
ated.  Whoever  manufactures  for  sale  any  ale  or  beer  adulterated, 
as  referred  to  in  this  section,  or  sells,  or  offers  to  sell,  any  such 
ale  or  beer,  knowing  it  to  be  adulterated,  as  aforesaid,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
punished  by  a  fine  of  not  less  than  five  hundred  and  not  more  than 
five  thousand  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  one  month  nor  more  than  six  months,  or  by  both  such  fine 
and  imprisonment. 

2289.  Liquor  dealers'  oath  and  bond.  It  shall  not  be  lawful 
for  any  person  or  persons  to  sell,  or  offer  to  sell,  any  spirituous, 
fermented,  malt  or  alcoholic  liquors  within  this  State  until  he,  she 
or  they  shall  first  appear  before  the  county  court  clerk  of  the 
county  where  such  liquors  are  to  be  sold  or  offered  for  sale,  and 
take  and  subscribe  an  oath  not  to  mix  or  adulterate,  with  any  sub¬ 
stance  whatever,  the  liquors  offered  for  sale,  and  give  bond  in  the 


46 


sum  of  five  hundred  dollars,  with  good  and  sufficient  surety,  for  the 
payment  of  all  costs  arising  from  prosecutions  for  violations  of 
the  provisions  of  this  article  in  relation  to  the  adulteration  and 
sale  of  intoxicating  liquors. 

2290.  Liquor  manufacturers'  oath.  It  shall  not  be  lawful 
for  any  person  or  persons  to  manufacture  or  rectify  any  spirituous, 
fermented,  malt  or  alcoholic  liquors  within  the  limits  of  this  State 
until  he,  she  or  they  shall  first  appear  before  the  county  court  clerk 
of  the  county  where  such  liquors  are  proposed  to  be  manufactured 
or  rectified,  and  take  and  subscribe  an  oath  not  to  adulterate,  or 
suffer  to  be  adulterated,  any  liquors  manufactured  or  rectified  by 
themselves  or  agents. 

2291.  Liquor  dealers'  affidavit.  Before  any  person  or  co¬ 
partnership  of  persons  shall  be  authorized  to  sell  intoxicating 
liquors  he,  she  or  they  shall  file  with  the  clerk  of  the  county  court, 
in  the  county  where  it  is  desired  to  sell  the  same,  an  affidavit  to  the 
following  effect,  to  wit : 

I,  A  B,  do  solemnly  swear  that  I  will  not  mix  or  adulterate, 
with  any  poisonous  substance  whatever,  any  distilled  or  fermented 
liquors,  or  any  composition  of  which  distilled  or  fermented  liquors 
form  a  part,  nor  will  I  mix  the  different  kinds  of  liquors  together 
for  the  sake  of  profit,  nor  dilute  the  same  with  water,  nor  will  I 
permit  the  same  to  be  done. 

2292.  Penalty.  If  any  person  or  persons  shall  sell  any  spir¬ 
ituous,  fermented,  malt  or  alcoholic  liquors  in  violation  of  or  with¬ 
out  complying  with  the  three  next  preceding  sections,  he  or  they 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  five  hun¬ 
dred  dollars. 

2293.  Druggists ,  etc.,  exempt.  Nothing  herein  shall  be  so 
construed  as  to  prevent  druggists,  physicians  or  persons  engaged 
in  the  mechanical  arts  from  mixing  and  adulterating  liquors  for 
medicinal  or  mechanical  purposes,  to  be  by  them  used  in  their  busi¬ 
ness. 

2294.  Summons  by  grand  jury.  The  grand  jury  may  send 
for  persons  or  papers  in  cases  where  they  may  be  of  the  opinion 
that  any  person  or  persons  have  been  guilty  of  violating  any  of  the 
provisions  of  sections  2278,  2279,  2288,  2289,  2290,  2291,2292  and 
2293,. 

Revised  Statutes,  1889,  Vol.  1,  632. 

7682.  (Sec.  1.)  Appointment  of  inspector  of  beer  and  malt- 
products.  There  is  hereby  created  the  office  of  beer  inspector, 


47 


which  shall  be  filled  by  appointment  by  the  governor,  by  and  with 
the  consent  of  the  Senate,  within  thirty  days  after  the  taking  effect 
of  this  act,  an  inspector  of  beer  and  malt  products,  who  shall  serve 
for  a  term  of  four  years  and  until  his  successor  is  duly  appointed 
and  qualified.  He  shall  be  an  expert  beer  brewer  and  a  citizen  of 
he  United  States  and  of  this  State  for  more  than  two  years  next 
prior  to  his  appointment.  He  shall  give  a  bond  in  the  sum  of 
twenty-five  thousand  dollars,  to  be  approved  by  the  Governor,  for 
the  faithful  performance  of  the  duties  of  his  office. 

7683.  (Sec.  2.)  Deputies  and  clerical  help.  Said  inspector 
shall,  with  the  approval  of  the  Governor,  appoint  such  deputies  as 
may  be  required  to  carry  out  the  provisions  of  this  article,  not  to 
exceed  four  in  number,  and  such  clerical  help  as  may  be  necessary. 
Said  deputies  shall  each  receive  for  their  services  the  sum  of  fif¬ 
teen  hundred  dollars  per  annum,  and  said  inspector  shall  receive 
the  sum  of  three  thousand  dollars  per  annum,  all  salaries  and  ex¬ 
penses  to  be  paid  out  of  the  sums  of  money  now,  or  that  may  here¬ 
after  be,  appropriated  for  said  purpose. 

7684.  (Sec.  3.)  Inspection  of  beer  obligatory.  Every  per¬ 
son,  persons  or  corporation  who  shall  erect  or  keep  a  brewery  f6r 
the  manufacture  or  brewing  of  beer  or  other  malt  products  within 
this  State,  for  the  purpose  of  offering  the  same  for  sale,  shall 
cause  the  same  to  be  inspected  by  the  said  State  Inspector. 

7685.  (Sec.  4.)  Use  of  chemicals,  unwholesome  yeast,  etc., 
prohibited.  No  person,  persons  or  corporation,  engaged  in  the 
brewing  or  manufacture  of  beer  or  other  malt  liquors,  shall  use 
any  substance,  material  or  chemical  in  the  manufacture  or  brew¬ 
ing  of  beer  or  other  malt  liquors,  other  than  pure  hops  or  pure  ex¬ 
tract  of  hops,  or  of  pure  barley,  malt,  or  wholesome  yeast,  or  rice. 

7686.  (Sec.  5.  Imported  malt  liquors  to  be  inspected  and 
affidavit  made  as  to  purity;  labels  and  fees.  Every  person,  per¬ 
sons  or  corporation  who  shall  receive  for  sale  or  offer  for  sale  any 
beer  or  other  malt  liquors  other  than  those  manufactured  in  this 
State  shall,  upon  receipt  of  same,  and  before  offering  for  sale,  no¬ 
tify  the  inspector,  who  shall  be  furnished  with  a  sworn  affidavit, 
subscribed  by  an  officer  authorized  to  administer  oaths,  from  the 
manufacturer  thereof,  or  other  reputable  person  having  actual 
knowledge  of  the  composition  of  said  beer  or  other  malt  liquors, 
that  no  material  other  than  pure  hops  of  the  extract  of  hops,  or 
pure  barley,  malt  or  wholesome  yeast,  or  rice,  was  used  in  the  man¬ 
ufacture  of  same;  upon  the  receipt  of  said  affidavit,  the  inspector 
shall  inspect  and  label  the  packages  containing  said  beer  or  malt 


48 


liquors,  for  which  services  he  shall  receive  like  fees  as  those  im¬ 
posed  upon  the  manufacturers  of  beer  and  malt  liquors  in  this  State. 

7687.  (Sec.  6.)  Records  and  report  of  inspector .  The  in¬ 
spector  appointed  under  this  article  shall  provide  himself  with  an 
office  and  shall  record  on  books  kept  for  that  purpose  the  names 
and  places  of  business  of  all  persons  engaged  in  the  manufacture, 
brewing  and  sale  of  beer  and  malt  liquors.  He  shall  keep  a  record 
of  all  beer  and  malt  liquors  manufactured,  brewed  or  sold,  and  the 
amount  produced  by  each  brewery  or  manufacturer,  or  sold  by 
dealer.  He  shall  keep  a  record  of  all  fees  collected  and  all  ex¬ 
penditures  incurred,  and  shall  make  a  full  and  complete  report  of 
the  same  to  the  Governor  upon  the  first  day  of  each  year. 

7688.  (Sec.  7.)  All  malt  products  to  be  inspected  and 
labeled .  It  shall  be  the  duty  of  each  inspector  to  cause  to  be  in¬ 
spected  all  beer  or  other  malt  liquors  brewed  or  manufactured  or 
sold  in  this  State,  and  if  he  shall  find  that  such  beer  or  other  malt 
liquor  has  been  made  from  pure  hops  or  the  pure  extract  of  hops, 
or  of  pure  barley,  malt  or  wholesome  yeast,  or  rice,  to  place  upon 
the  package  containing  such  beer  or  malt  liquor  his  label,  certify¬ 
ing  that  the  same  has  been  inspected  and  made  from  wholesome 
ingredients. 

7689.  (Sec.  7a.)  State  Treasurer  to  furnish  labels,  etc. 
It  shall  be  the  duty  of  the  State  Treasurer,  upon  the  taking  effect 
of  this  article,  to  provide  suitable  and  inimitable  State  certificates 
and  labels  for  this  inspection,  gauging  and  labeling,  having  on 
each  proper  places  for  countersigning  by  the  State  Treasurer  and 
inspector,  and  shall  safely  keep  the  same,  together  with  the  plates 
used  in  making  them,  when  not  in  actual  use.  The  State  Treas  - 
urer  shall,  from  time  to  time,  upon  demand,  deliver  the  aforesaid 
labels  to  the  inspector,  taking  therefor  his  receipt,  and  shall  charge 
said  inspector  with  the  same;  and  shall,  from  time  to  time,  as 
said  inspector  makes  returns  of  moneys  collected  in  the  course  of 
his  inspection,  credit  said  inspector's  account  with  such  sums,  and 
shall  keep  a  true  and  correct  book  account  of  the  dealings  with  said 
inspector. 

7690.  (Sec.  7b.)  Fraudulent  use  of  inspector's  labels ;  pen¬ 
alty.  It  shall  be  unlawful  for  any  person  to  attempt  to  make  or 
make,  to  attempt  to  sell  or  sell,  or  attempt  to  use  or  use  any  of  the 
certificates  or  labels,  or  both,  provided  for  by  this  article,  or  imi¬ 
tations  thereof,  except  such  persons  as  by  law  are  allowed  to  make, 
sell  and  use  the  same,  and  any  person  so  offending  shall  be  deemed 


49 


guilty  of  a  felony  and,  upon  conviction,  be  punished  by  imprison¬ 
ment  in  the  penitentiary  for  a  term  not  to  exceed  five  years. 

7691.  (Sec.  8.)  Inspector's  fees;  “package”  defined .  The 
inspector  shall  be  entitled  to  receive  for  inspecting  and  gauging 
one  cent  for  each  gallon  contained  in  each  package,  and  two  cents 
for  labeling  each  package.  All  fees  received  by  the  inspector  shall 
be  paid  into  the  State  treasury.  The  word  package,  as  used  in  this 
article,  shall  be  construed  to  mean  any  vessel  of  any  kind  other 
than  pint  and  quart  bottles,  in  which  any  beer  or  malt  liquor  may 
be  placed  for  sale,  containing  eight  gallons  or  less ;  when  said  beer 
or  malt  liquors  are  placed  in  pint  or  quart  bottles,  a  package,  as 
used  in  this  article,  shall  be  construed  to  mean  not  to  exceed  forty- 
eight  pint  bottles  or  24  quart  bottles  of  beer  or  malt  liquors,  which, 
when  manufactured  and  so  bottled,  must,  before  sale,  be  placed  in 
suitable  cases  containing  said  number  and  size  of  bottles,  for  in¬ 
spection  and  stamping  by  said  State  inspector ;  and  when  said  beer 
or  malt  liquors  shall  be  placed  in  vessels  containing  more  than  eight 
gallons,  the  word  package  shall  be  construed  to  mean  each  eight 
gallons  or  fractional  part  thereof  so  contained  in  said  vessel. 

7692.  (Sec.  9.)  Expenses ,  salaries,  etc.;  disposal  of  fines. 
The  expense  of  said  office,  including  the  salaries  of  the  inspector 
and  his  deputies,  shall  be  paid  monthly  out  of  the  amount  appro¬ 
priated  by  law  from  the  general  revenue  fund  on  warrants  drawn 
by  the  State  Auditor  on  vouchers  approved  by  the  inspector,  and 
all  fees  received  by  the  inspector  under  the  provision  of  this  ar¬ 
ticle  shall,  on  or  before  the  last  day  of  each  month,  be  paid  into 
the  State  treasury  by  said  inspector,  and  shall  be  placed  to  the 
credit  of  the  general  revenue  fund. 

7693.  (Sec.  10.)  Sale  of  uninspected  malt  products;  pen¬ 
alty.  Any  person  who  shall  sell  any  beer  or  malt  liquors  within  this 
State  which  has  not  been  inspected  according  to  the  provisions  of 
this  article,  or  contained  in  packages  which  shall  not  have  upon 
them  the  certificate  of  the  State  inspector,  or  any  person  shall  fail 
to  destroy  said  certificate  or  label  after  the  contents  of  said  pack¬ 
age  are  disposed  of,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a 
period  of  not  less  than  six  months,  and  in  addition  thereto,  shall 
have  his  license  or  other  authority,  giving  him  the  right  to  manu¬ 
facture  or  sell  said  liquors  in  this  State,  revoked,  and  shall  not 
again  receive  any  such  license  or  other  authority  for  a  period  of* 
two  years  thereafter. 


D  F  L— 4 


50 


7694.  (Sec.  11.)  Punishment  of  delinquent  inspector.  If 
any  inspector  shall  fail  to  perform  any  of  the  duties  imposed 
upon  him  by  this  article,  or  shall  in  any  manner  violate  any  of  the 
provisions  thereof,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  punished  by  imprisonment 
in  the  county  jail  for  not  less  than  thirty  days  and  by  a  fine  not 
exceeding  one  thousand  dollars,  and  if  any  said  inspector  shall 
fail  to  faithfully  perform  the  duties  enjoined  upon  him  by  this 
article,  he  may  be  removed  from  office  by  the  governor. 

7695.  (Sec.  12.)  Prosecutions.  All  prosecutions  for  fines 
and  penalties  under  the  provisions  of  this  article  shall  be  either 
by  indictment  or  information  in  any  court  of  competent  jurisdic¬ 
tion;  and  when  collected  shall  be  paid  one-fourth  to  the  informer 
and  three-fourths  into  the  fund  for  the  construction  of  public 
roads  and  highways  in  the  county  in  which  said  offense  may  have 
been  committed  and  prosecution  begun. 

7696.  (Sec.  13.)  Inspection  of  exported  malt  products.  All 
beer  or  other  malt  liquors  manufactured  in  the  State  and  exported 
outside  of  the  State  for  sale  shall  be  inspected  as  other  liquors 
designated  in  this  article,  but  said  inspection  shall  be  free  of  cost 
to  manufacturer. 

7697.  (Sec.  13a.)  Duplicate  hill  of  lading  to  be  furnished 
by  transportation  companies;  penalty.  Every  railroad,  express 
or  transportation  company  shall,  when  requested,  furnish  to  the 
inspector  a  duplicate  bill  of  lading  or  receipt  showing  the  name  of 
the  consignor  and  consignee,  date,  place  received,  destination  and 
quantity  of  beer  or  malt  liquors  received  by  them  for  shipment  to 
any  point  within  this  State.  Upon  failure  to  comply  with  the 
provisions  herein,  said  railroad,  express  or  transportation  com¬ 
pany  shall  forfeit  and  pay  to  the  State  of  Missouri  the  sum  of 
fifty  dollars  for  each  and  every  failure,  to  be  recovered  in  any 
court  of  competent  jurisdiction.  The  inspector  herein  provided 
for  is  hereby  authorized  and  empowered  to  sue  in  his  own  name 
at  the  relation  and  to  the  use  of  the  State.  The  penalties  collected 
shall  be  paid  into  the  State  treasury. 

(Sec.  14.)  Appropriation.  There  is  hereby  appropriated 
out  of  the  State  treasury,  chargeable  to  the  general  revenue  fund, 
for  the  years  1899  and  1900,  for  the  pay  of  the  inspector,  six  thou¬ 
sand  dollars;  for  the  pay  of  four  deputies,  twelve  thousand  dol¬ 
lars;  for  rent,  stationery,  fuel,  printing,  and  such  other  things 
as  may  be  necessary  for  the  transaction  of  the  business  of  said 
inspector,  the  sum  of  six  thousand  dollars. 


51 


Approved  May  4,  1899.  Laws  of  1899,  pp.  228-231;  Revised 
Statutes,  1899,  Vol.  2,  pp.  1792-1795. 

FLOUR,  GRAIN,  ETC. 

8501.  Mixed  grains  to  be  branded .  No  person  shall  sell 
or  offer  for  sale  any  flour,  meal,  grits  or  hominy  made  from  the 
admixture  or  adulteration  of  grains,  unless  there  shall  have  been 
first  branded  upon  each  of  the  barrels  or  packages  containing  the 
same  kind  of  grains  composing  said  admixture,  the  quality  and 
weight  thereof,  and  the  name  and  place  of  business  of  the  person 
manufacturing  the  same:  Provided ,  always ,  That  the  admixture 
of  the  several  grades  or  kinds  of  wheat  shall  not  be  construed 
to  be  mixed  or  adulterated  grains. 

8502.  Defacing  of  brands .  No  person  shall  deface,  remove, 
obliterate  or  destroy,  or  cause  the  same  to  be  done,  any  brand  or 
mark  placed  upon  any  package  or  barrel  of  flour,  meal,  grits  or 
hominy  by  the  manufacturer  thereof,  with  the  intent  to  replace 
the  brand  so  erased  and  removed  by  another  and  different  brand 
from  that  of  the  manufacturer ;  and  it  shall  not  be  lawful  for  any 
person  to  rebrand  any  such  package  or  barrel  so  long  as  the  con¬ 
tents  thereof  remain  the  same. 

8503.  Brands  to  be  filed  and  acknowledged .  No  person  shall 
manufacture  any  flour,  grits,  hominy  or  meal  until  he  shall  have 
filed  with  the  recorder  of  deeds  of  the  county  in  which  his  busi¬ 
ness  is  conducted,  and  acknowledged  the  same  as  deeds  to  lands 
are  required  to  be  acknowledged,  a  fac  simile  of  each  of  the  brands 
he  intends  to  use,  which  shall  contain  the  colors  to  be  used  in 
applying  the  same,  the  weight  and  quality  of  the  flour,  grits, 
hominy  or  meal,  and  the  name  of  the  manufacturer  thereof,  or 
of  some  person  in  his  employ,  and  the  state  or  town  or  place  and 
the  mill  where  manufactured.  Should  any  manufacturer  claim 
any  of  his  said  brands,  or  any  part  of  the  same,  as  a  trade  mark,  the 
said  recorder  shall  record  his  claim,  and  thereafter  it  shall  not 
be  lawful  for  any  other  person  to  use  such  brand :  Provided ,  al¬ 
ways,  That  this  section  shall  not  be  construed  to  interfere  with 
the  right  to  any  brand  or  trade  mark  copyrighted  or  patented  in 
pursuance  of  an  act  of  Congress. 

8504.  False  brands .  No  person  within  this  State  shall  use 
the  name  of  a  mill  or  a  brand  upon  any  barrel  or  package  con¬ 
taining  flour  made  from  grains  or  the  admixture  of  grains  unless 
the  same  shall  belong,  bona  fide,  to  the  person  using  the  same, 


52 


nor  unless  the  flour  upon  which  the  same  may  be  used  was  manu¬ 
factured  by  the  owner  of  such  mill  or  brand. 

8505.  Record  of  brands .  It  shall  be  the  duty  of  each  re¬ 
corder  of  deeds  within  the  State  to  keep  a  book  in  his  office,  in 
which  to  record  the  flour  brands  provided  for  in  section  8503,  and 
a  certified  copy  of  any  such  record  by  the  recorder  shall  be  evi¬ 
dence  in  all  courts  of  the  making  and  filing  and  contents  thereof. 

8506.  Penalty.  Any  person  doing  any  of  the  acts  in  this 
article  prohibited,  or  omitting  to  do  any  of  the  acts  herein  com¬ 
manded,  shall  be  guilty  of  a  misdemeanor,  and  for  each  and  every 
offense  shall  be  punished  by  a  fine  of  not  less  than  twenty  nor 
more  than  two  hundred  dollars,  one-half  of  which  shall  be  paid 
to  the  person  who  shall  be  named  as  prosecuting  witness. 

Revised  Statutes,  1899,  Vol.  2,  p.  1992. 

10578.  Label  showing  weight;  penalty.  A  barrel  of  flour 
shall  consist  of  196  pounds  net;  a  sack  of  flour  shall  consist  of 
98  pounds  net;  a  half  sack  of  flour  shall  consist  of  48  pounds  net; 
a  quarter  sack  of  flour  shall  consist  of  24  pounds  net;  no  manu¬ 
facturer  or  dealer  in  flour  shall  sell  flour  in  barrels,  sacks,  half 
sacks  or  quarter  sacks  containing  a  less  amount  of  flour  than 
the  amounts  above  specified.  Before  any  barrel,  sack,  half  sack 
or  quarter  sack  of  flour  shall  be  sold,  the  number  of  pounds  there¬ 
in  contained  shall  be  plainly  labeled  or  stamped  thereon.  Any 
person  who  shall  sell  any  package  of  flour  which  shall  be  stamped 
or  labeled  with  a  greater  number  of  pounds  net  than  such  pack¬ 
age  actually  contains,  or  who  shall  put  up  or  sell  flour  in  any 
manner  contrary  to  the  provisions  of  this  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
fined  in  a  sum  not  less  than  ten  dollars  nor  more  than  one  hun¬ 
dred  dollars. 

Revised  Statutes,  1899,  Vol.  2,  Ch.  173,  Sec.  10578,  p.  2448. 

BREAD. 

10089.  Sanitation.  All  rooms  or  buildings  occupied  as  bus- 
cuit,*  bread  or  cake  bakeries  shall  be  drained  and  plumbed  in  a 
manner  to  conduce  to  the  proper  and  healthful  sanitary  condition 
thereof,  and  constructed  with  air-shafts,  windows  or  ventilating 
pipes,  sufficient  to  insure  ventilation.  The  furniture  and  utensils 
in  such  rooms  shall  be  so  arranged  that  the  furniture  and  floor 
may  at  all  times  be  kept  in  a  proper  and  healthful  sanitary  con- 


So  in  Statutes. 


53 


dition,  and  no  water-closet,  earth-closet,  privy  or  ash  pit  shall  be 
within  or  communicate  directly  with  the  bake  room. 

10090.  Storage .  The  manufactured  flour  or  meal  products 
shall  be  kept  in  perfectly  clean,  dry  and  properly  ventilated  rooms, 
so  arranged  that  the  floor,  shelves  and  all  facilities  for  storing 
same  can  be  easily  and  perfectly  cleaned. 

10091.  Sleeping  apartments  to  be  separate.  The  sleeping 
apartments  for  the  persons  employed  in  bakeries  or  confection¬ 
ery  establishments  shall  be  separate  and  distinct  from  the  room 
or  rooms  used  for  manufacture  or  storage  of  flour  or  meal  prod¬ 
ucts  or  for  the  storage  of  flour,  meal  or  other  articles  used  in  the 
manufacture  or  preparation  of  such  product. 

10092.  Diseased  persons  not  to  work  in  bakeries.  No  em¬ 
ployer  shall  knowingly  require,  permit  or  suffer  any  person  to 
work  in  his  bakeshop  who  is  affected  with  consumption  of  the 
lungs,  or  with  scrofula  or  any  communicable  disease;  and  every 
person  is  hereby  required  to  keep  himself  in  a  cleanly  condition 
while  engaged  in  the  manufacture  or  handling  of  such  products. 

10093.  Penalty.  •  Any  person  who  violates  any  of  the  pro¬ 
visions  of  this  article,  or  refuses  to  comply  with  the  require¬ 
ments  thereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction,  shall  be  punished  by  a  fine  of  not  less  than  ten  nor 
more  than  one  hundred  dollars. 

10094.  Duty  of  Labor  Commissioner.  It  shall  be  the  duty 
of  Labor  Commissioner  or  his  deputy  to  see  that  the  pro¬ 
visions  of  this  article  are  carried  into  effect,  and  it  is  hereby 
made  the  duty  of  the  prosecuting  attorneys  of  each  county  or 
city  in  this  State  to  lend  all  possible  aid  in  all  prosecutions  for 
violations  of  any  of  the  provisions  of  this  article. 

10095.  Article  to  be  posted.  A  copy  of  this  article  shall  be 
kept  conspicuously  posted  in  every  bake-shop  or  confectionery  es¬ 
tablishment  in  this  State. 

Revised  Statutes,  1899,  Vol.  2,  Ch.  161,  Art.  4,  pp.  2348-2349. 

CANDY. 

2279.  Injurious  ingredients.  No  person  shall,  by  himself, 
his  servant  or  agent,  or  as  the  servant  or  agent  of  any  other  per¬ 
son  or  corporation,  manufacture  for  sale,  or  knowingly  sell  or 
offer  to  sell,  any  candy  adulterated  by  the  admixture  of  terra  alba, 
barytes,  talc  or  any  other  mineral  substance,  by  poisonous  colors 
or  flavors,  or  other  ingredients  deleterious  or  detrimental  to  health. 


54 


2280.  Penalty.  Whoever  violates  any  of  the  provisions  of 
section  2279  shall  be  punished  by  a  fine  not  exceeding  one  hun¬ 
dred  dollars  ($100.00),  nor  less  than  fifty  dollars  ($50.00).  The 
candy  so  adulterated  shall  be  forfeited  and  destroyed  under  direc¬ 
tion  of  the  court. 

2281.  State  prosecuting  attorneys.  It  is  hereby  made  the 
duty  of  the  prosecuting  attorneys  of  this  State  to  appear  for  the 
people  and  to  attend  to  the  prosecution  of  all  complaints  under 
section  2279  in  all  the  courts  in  their  respective  counties. 

Revised  Statutes,  1899.  Vol.  1,  p.  630. 

VINEGAR. 

2282.  (1)  Imitation  or  adulterated  cider  vinegar ;  penalty. 
That  any  person  who  manufactures  for  sale,  or  offers  or  exposes 
for  sale  as  cider  vinegar,  any  vinegar  not  the  legitimate  product 
of  pure  juice,  known  as  apple  cider,  or  vinegar  not  made  exclu¬ 
sively  of  said  apple  cider  or  vinegar  into  which  foreign  substances, 
drugs  or  acids  have  been  introduced,  as  may  appear  on  proper 
tests,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con¬ 
viction  thereof,  be  punished  for  every  offense  by  fine  of  not  less 
than  fifty  dollars  nor  more  than  one  hundred  dollars  and  the  costs 
of  prosecution,  or  by  imprisonment  in  the  county  jail  not  to  ex¬ 
ceed  ninety  days. 

2283.  (2)  Artificial  coloring  or  flavoring ;  false  branding. 
All  vinegar  sold  or  offered  for  sale,  exchange  or  delivery  shall  be 
without  artificial  coloring  or  flavoring;  and  no  person,  by  himself 
or  by  his  agent  or  employe,  shall  sell  or  offer  for  sale,  exchange, 
deliver,  or  knowingly  have  in  his  custody  or  possession,  with  in¬ 
tent  to  sell  or  exchange  or  expose  or  offer  for  sale  or  exchange, 
any  vinegar  labeled  or  branded  as  cider  vinegar,  or  as  apple 
vinegar,  which  is  not  the  legitimate  product  of  pure  apple  juice 
or  that  is  not  made  exclusively  from  apple  cider. 

2284.  (3)  Branding;  inspection.  Every  person  making  or 
manufacturing  apple  cider,  or  other  fruit  vinegar,  for  sale,  shall 
brand  on  both  heads  of  each  cask,  barrel  or  keg,  containing  such 
vinegar,  the  name  and  location  of  the  manufacturer  or  firm,  and 
also  the  name  of  the  fruit  out  of  which  the  vinegar  is  made;  and 
where  there  are  inspectors  of  food  products,  vinegar  shall  be  one 
of  the  articles  under  supervision  of  such  inspector,  with  power  to 
inspect  and  seize  any  that  may  be  found  fraudulent  and  in  viola¬ 
tion  of  sections  2282,  2283,  2284  and  2285. 


55 


2285.  (4)  Branding  of  “fruit  vinegar ;”  penalty ..  No  vin¬ 

egar  shall  be  branded  “fruit  vinegar”  unless  the  same  shall  be 
made  wholly  from  apples,  grapes  or  other  fruits;  and  any  person 
who  shall  knowingly  brand,  label  or  sell,  or  offer  for  sale  as  such 
“fruit  vinegar,”  any  vinegar  not  made  wholly  from  apples,  grapes 
or  other  fruit,  or  who  shall  violate  any  one  of  the  foregoing  sec¬ 
tions,  shall  be  deemed  guilty  of  a  misdemeanor,  and  be  punished  as 
provided  in  section  2282. 

Approved  April  1,  1891.  Revised  Statutes,  1899,  Vol.  1,  pp. 
630-681. 

DAIRY  PRODUCTS. 

2276.  Imitation  butter  and  cheese  to  be  so  labeled;  penalty . 
Whoever  manufactures  out  of  any  oleaginous  substances,  or  any 
compounds  of  the  same,  resembling  butter  in  appearance,  manu¬ 
factured  from  cattle  fat  or  hog  fat,  or  such  substances  heretofore 
known  as  oleomargarine,  oleo,  oleomargarine  oil,  butterine,  lard- 
ine,  suine  and  neutral,  all  lard  extracts  and  tallow  extracts,  and 
all  mixtures  and  compounds  of  tallow,  beef  fat,  suet,  lard,  lard  oil, 
vegetable  oil,  annatto  and  other  coloring  matter,  intestinal  fat  and 
offal  fat,  other  than  that  produced  from  unadulterated  milk  or 
cream  from  the  same,  any  article  designed  to  take  the  place  of 
butter  or  cheese,  produced  from  pure  unadulterated  milk  or  cream 
of  the  same,  or  any  article  made  in  imitation  of  butter,  or  when 
so  made  calculated,  or  intended  to  be  sold  as  butter  or  for  butter, 
unless  said  manufacturers  shall  pack  said  imitation  substitute  in 
firkins,  tubs  or  wooden  or  paper  packages,  with  the  true  name  of 
said  imitation  substitute  clearly  and  indelibly  branded,  marked 
or  labeled  thereon,  or  whoever  shall  sell,  or  offer  for  sale,  the  same 
as  an  article  of  food,  unless  said  imitation  substitute  is  properly 
packed  in  firkins,  tubs  or  wooden  or  paper  packages,  with  the  true 
name  of  said  imitation  substitute  clearly  and  indelibly  branded, 
marked  or  labeled  thereon,  shall  be  guilty  of  a  misdemeanor,  and 
shall,  on  conviction  thereof,  be  confined  in  the  county  jail  not  ex¬ 
ceeding  one  year,  or  fined  not  exceeding  one  thousand  dollars,  or 
both. 

2277.  Use  of  imitation  butter  in  hotels,  etc.;  penalty.  Any 
hotel  or  boardinghouse-keeper  in  this  State  who  shall  set  before 
his  guests  at  any  meal  any  compound  resembling  butter  in  ap¬ 
pearance,  manufactured  from  cattle  fat  or  hog  fat,  or  such  other 
articles,  known  to  the  trade  as  oleomargarine,  and  shall  not  clearly 
and  legibly  mark  the  vessel  in  which  such  compound  is  served, 


56 


with  the  words  “oleomargarine,”  or  “impure  butter,”  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be 
fined  in  a  sum  of  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars. 

Revised  Statutes,  1899,  Vol.  1,  p.  629. 

4744.  Imitation  butter  defined.  For  the  purpose  of  this 
article,  every  article,  substitute  or  compound,  other  than  that  pro¬ 
duced  from  pure  milk,  or  cream  from  the  same,  made  in  the  sem¬ 
blance  of  butter  and  designed  to  be  used  as  a  substitute  for  butter 
made  from  pure  milk,  or  cream  from  the  same,  is  hereby  declared 
to  be  imitation  butter. 

4745.  Animal  fat ,  vegetable  oil  and  coloring  matter  in  butter 
substitutes.  No  person  shall  combine  any  animal  fat  or  vegeta¬ 
ble  oil  or  other  substance  with  butter,  or  combine  therewith  or 
with  animal  fat  or  vegetable  oil  or  combination  of  the  two,  or  with 
either  one,  any  other  substance  or  substances  whatever,  any  an- 
natto  or  compound  of  the  same,  or  any  other  substance  or  sub¬ 
stances,  for  the  purpose  or  with  the  effect  of  imparting  thereto  a 
yellow  color,  or  any  shade  of  yellow,  so  that  such  substitute  shall 
resemble  yellow  or  any  shade  of  genuine  yellow  butter,  nor  intro¬ 
duce  any  such  coloring  matter  or  such  substance  or  substances 
into  any  of  the  articles  of  which  the  same  is  composed :  Provided , 
nothing  in  this  article  shall  be  construed  to  prohibit  the  use  of  salt 
and  harmless  coloring  matter  for  coloring  the  substitutes  for 
butter  manufactured  for  export  or  sale  outside  the  State.  No 
person  shall,  by  himself,  his  agents  or  employes,  produce  or  man¬ 
ufacture  any  substance  in  imitation  or  semblance  of  natural  but¬ 
ter,  nor  sell,  nor  keep  for  sale,  nor  offer  for  sale,  :any  imitation 
butter  made  or  manufactured,  compounded  or  produced  in  viola¬ 
tion  of  this  section,  whether  such  imitation  butter  shall  be  made 
or  produced  in  this  State  or  elsewhere.  This  section  shall  not  be 
construed  to  prohibit  the  manufacture  and  sale,  under  the  regu¬ 
lations  hereinafter  provided,  of  substances  designed  to  be  used  as 
a  substitute  for  butter,  and  not  manufactured  or  colored  as  herein 
prohibited. 

4746.  Brand  for  butter  substitutes.  Every  person  who  law¬ 
fully  manufactures  any  substance  designed  to  be  used  as  a  substi¬ 
tute  for  butter  shall  mark,  by  branding,  stamping  or  stenciling 
upon  the  top  and  side  of  each  tub,  firkin,  box  or  other  package  in 
which  such  article  shall  be  kept,  and  in  which  it  shall  be  removed 
from  the  place  where  it  is  produced  in  a  clean  and  durable  man¬ 
ner,  in  the  English  language,  the  words  “Substitute  for  butter,” 


57 


in  printed  letters,  in  plain  Roman  type,  each  of  which  shall  not  be 
less  than  one  inch  in  length  and  one-half  inch  in  width. 

4747.  Transportation  of  unbranded  butter  substitutes  pro¬ 
hibited.  No  person,  by  himself  or  another,  shall  ship,  consign  or 
forward  by  any  common  carrier,  whether  public  or  private,  any 
substance  designed  to  be  used  as  a  substitute  for  butter,  and  no 
carrier  shall  knowingly  receive  the  same  for  the  purpose  of  for¬ 
warding  or  transporting  unless  it  shall  be  manufactured  and 
marked  as  provided  in  the  preceding  section  of  this  article,  and 
unless  it  be  consigned  by  the  carrier  and  receipted  for  by  its  true 
name :  Provided ,  That  this  article  shall  not  apply  to  any  goods  in 
transit  between  foreign  states  across  the  State  of  Missouri. 

4748.  Possession  of  unmarked  butter  substitutes.  No  per¬ 
son  shall  have  in  his  possession  or  under  his  control  any  substance 
designed  to  be  used  as  a  subtitute  for  butter,  unless  the  tub,  firkin, 
box  or  other  package  containing  the  same  be  clearly  and  durably 
marked,  as  provided  by  section  4747  of  this  article:  Provided, 
That  this  section  shall  not  be  deemed  to  apply  to  persons  who  have 
the  same  in  their  possession  for  the  actual  consumption  of  them¬ 
selves  and  family.  Every  person  having  in  possession  or  control 
of  any  substance  designed  to  be  used  as  a  substitute  for  butter, 
which  is  not  marked,  as  required  by  the  provisions  of  this  article, 
shall  be  presumed  to  have  known  during  the  time  of  such  posses¬ 
sion  or  control  the  true  character  and  name,  as  fixed  by  this  article 
of  such  product. 

4749.  Substitute  butter  sold  as  genuine.  No  person,  by  him¬ 
self  or  another,  shall  sell  or  offer  for  sale  any  substance  designed 
to  be  used  as  a  substitute  for  butter  under  the  name  of  or  under 
the  pretense  that  the  same  is  butter. 

4750.  Penalties.  Every  person,  firm  or  corporation  who 
shall  violate  any  of  the  provisions  of  section  4745,  4746,  4747, 
4748  and  4749  of  this  article  shall  forfeit  and  pay  to  the  State  of 
Missouri,  for  the  use  of  the  school  fund  for  every  such  violation, 
the  sum  of  fifty  dollars  and  costs  of  suit,  to  be  recovered  by  civil 
action  in  the  name  of  the  State  of  Missouri  on  the  relation  of  any 
person  having  knowledge  of  the  facts  before  any  justice  of  the 
peace  of  the  city  or  county  where  such  violation  occurs,  or  any 
other  court  of  competent  jurisdiction,  subject  to  appeal  to  the  cir¬ 
cuit  court,  as  in  other  cases;  and  it  is  further  enacted  that  every 
person,  firm  or  corporation  who  shall  violate  the  provisions  of  this 
article,  in  addition  to  the  civil  liability  of  the  State  of  Missouri 
herein  provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and 


58 


shall,  for  the  first  offense,  be  punished  by  a  fine  of  not  less  than 
fifty  dollars  ($50.00)  nor  more  than  one  hundred  dollars  ($100.00) 
or  by  imprisonment  not  exceeding  thirty  days,  and  for  each  subse¬ 
quent  offense,  by  a  fine  of  not  less  than  two  hundred  and  fifty  dol¬ 
lars  ($250.00)  nor  more  than  five  hundred  dollars  ($500.00),  or  by 
imprisonment  in  the  county  jail  not  less  than  thirty  days  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment,  in  the  dis¬ 
cretion  of  the  court. — As  amended  March  19,  1901 ;  Laws  of  1901, 
p.  44. 

4751.  Certificate  of  analysis.  A  certificate  of  an  analysis  of 
any  dairy  product  or  adulteration  or  imitation  thereof,  when  duly 
signed  by  a  professor  of  chemisty  connected  with  any  of  the  de¬ 
partments  of  the  State  University  or  Experiment  Station,  shall, 
when  acknowledged  by  any  person  authorized  to  administer  an 
oath,  be  received  in  the  courts  of  this  State  as  prima  facie  evidence 
of  the  facts  stated'  therein,  in  all  civil  actions,  as  provided  for  in 
section  4750  of  this  act. — As  amended  March  19,  1901;  Laws  of 
1901,  p.  44. 

4752.  Party  to  violation  can  not  bring  suit.  No  action  can 
be  maintained  on  account  of  any  sale  or  other  contract  made  in 
violation  of  or  with  intent  to  violate  this  article,  by  or  through  any 
person  who  was  knowingly  a  party  to  such  wrongful  sale  or  other 
cancel  or  remove  any  mark  provided  for  by  this  article,  with  intent 
contract. 

4758.  Removal  of  marks,  etc.  Whoever  •  shall  efface,  erase, 
to  mislead,  deceive,  or  to  violate  any  of  the  provisions  of  this  ar¬ 
ticle,  shall  be  deemed  guilty  of  a  misdemeanor. 

4754.  Enforcement  of  law.  The  State  Board  of  Agriculture 
shall  be  and  is  hereby  charged  with  the  enforcement  of  this  article : 
Provided,  That  all  fines  collected  under  the  provisions  of  this  ar¬ 
ticle  shall  be  paid  into  the  State  treasury.  Actions  under  this 
article  shall  be  brought  in  any  court  of  competent  jurisdiction. 

4755.  <(Skimmed  milk”  or  unot  full-cream”  cheese  must  be 
so  labeled.  No  person  or  persons,  corporation,  company  or  other 
association  or  congregation  of  individuals  shall  manufacture,  sell 
or  offer  for  sale,  directly  or  indirectly,  at  retail  or  at  wholesale,  in 
this  State  any  article  to  be  known  or  denominated  cheese,  not 
made  from  pure  cream  or  unskimmed  milk  or  cream  of  the  milk, 
unless  such  person  or  persons,  corporation,  company  or  association 
of  individuals  manufacturing  the  same,  or  offering  the  same  for 
sale,  or  selling  the  same,  shall  brand  or  label  such  cheese  or  article 
so  offered  for  sale,  denominated  a  cheese,  with  black  letters  not  less 


59 


than  one  inch  in  length  in  a  conspicuous  place  and  of  large  size,  in 
the  English  language,  as  follows:  “Skimmed  milk  cheese,”  or 
with  the  words  “not  full  cream  cheese,”  giving  the  true  name  of 
such  article  called  cheese  so  manufactured  or  offered  for  sale, 
clearly  and  indelibly  branded,  marked  or  labeled  thereon,  so  that 
the  same  can  be  distinctly  read  and  fully  comprehended  at  all 
stores  or  places  or  factories  where  the  same  may  be  offered  for 
sale. 

4756.  “Skimmed  milk  cheese”  and  “ full-cream  cheese”  de¬ 
fined .  All  cheese  manufactured,  sold  or  offered  for  sale  in  this 
State  at  retail  or  wholesale,  made  from  milk  or  cream  of  same, 
which  tests  not  less  than  three  per  cent,  of  butter  fat,  shall  be 
deemed  to  be  full  cream  cheese,  and  all  cheese  manufactured,  sold 
or  offered  for  sale  at  any  place  or  in  any  manner  by  any  person  or 
persons  in  this  State  at  retail  or  wholesale  made  from  milk  or 
cream  of  same  testing  less  than  three  per  cent,  of  butter  fat,  shall 
be  deemed  “skimmed  milk  cheese,”  or  cheese  not  made  from  pure 
unskimmed,  unadulterated  milk  or  cream  of  same. 

4757.  Penalty .  Any  person  or  persons  who  shall  violate  any 
of  the  provisions  of  section  4755  or  4756  of  this  article  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction  thereof 
in  any  court  of  competent  jurisdiction,  be  confined  in  the  county 
jail  not  exceeding  one  year,  or  fined  not  less  than  $10  nor  exceed¬ 
ing  $500,  or  both. 

4758.  Transportation  of  “skimmed  milk”  and  not  “full- 
cream”  cheese;  penalty.  No  person,  by  himself  or  another,  shall 
ship,  consign  or  forward  by  any  common  carrier,  whether  public 
or  private,  any  substance  designed  to  be  used  as  a  cheese,  not  made 
from  pure,  unskimmed  milk  or  cream  of  the  same  testing  at  least 
three  per  cent,  butter  fat,  unless  such  cheese  is  marked  or  labeled 
“skimmed  milk  cheese,”  or  with  the  words  “not  full  cream  cheese” 
labeled  thereon :  Provided ,  That  this  article  shall  not  apply  to  any 
goods  in  transit  between  foreign  states  across  the  State  of  Mis¬ 
souri.  Any  person  violating  this  section  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  upon  conviction,  shall  be  fined  a  sum  not  less 
than  $10  nor  more  than  $500. 

4759.  Party  to  violation  of  law  may  not  bring  suit.  No  ac¬ 
tion  can  be  maintained  on  account  of  any  sale  or  other  contract 
made  with  the  manufacturer  or  person  offering  any  cheese  for  sale 
in  violation  of  or  with  intent  to  violate  this  article  by  or  through 
any  person  who  is  knowingly  a  party  to  such  wrongful  sale,  or 


60 


other  contract  for  the  sale  of  unbranded  skimmed  milk  cheese  or 
cheese  not  full  cream  cheese. 

4760.  Removal  of  labels,  etc.;  penalty.  Whoever  shall  efface, 
erase,  cancel  or  remove  any  marks  or  label  on  any  such  article  or 
cheese,  provided  for  by  this  article,  with  intent  to  mislead,  deceive 
or  to  violate  any  of  the  provisions  of  this  article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  on  a  conviction,  be  fined  in  a  sum  not 
less  than  $50  nor  more  han  $500. 

4671.  Enforcement  of  law.  The  State  Board  of  Agriculture 
shall  be  and  is  hereby  charged  with  the  enforcement  of  this  article : 
Provided,  That  all  fines  collected  under  the  provisions  of  this  ar¬ 
ticle  shall  be  paid  into  the  State  treasury.  Action  under  this  ar¬ 
ticle  may  be  brought  by  information  or  indictment  in  any  court  of 
competent  jurisdiction. 

Revised  Statutes,  1899,  Vol.  2,  Arts.  5  and  6,  pp.  1129-1181. 

6165.  Cities  may,  by  ordinance,  regulate  sale  of  milk.  All 
cities  and  towns  in  the  State  shall  have  power,  by  ordinance,  to 
license  and  regulate  milk  dairies  and  the  sale  of  milk,  and  provide 
for  the  inspection  thereof. 

Revised  Statutes,  1899,  Vol.  2,  p.  1442. 


